Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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The Tribunal held that the enhanced leave-encashment exemption ceiling of Rs. 25 lakhs under section 10(10AA)(ii), introduced by CBDT Notification No. 31/2023, was beneficial and remedial in nature and therefore applied to pending matters for assessment year 2020-21. It reasoned that the notification did not create a new exemption but removed a disparity between government and non-government employees, and that denying the higher ceiling to persons retiring before the notification would create an artificial distinction contrary to the amendment's object. The restriction of exemption to Rs. 3 lakhs was held unsustainable, and the leave encashment received within the enhanced ceiling was allowed as exempt.
The Tribunal held that the enhanced leave-encashment exemption ceiling of Rs. 25 lakhs under section 10(10AA)(ii), introduced by CBDT Notification No. 31/2023, was beneficial and remedial in nature and therefore applied to pending matters for assessment year 2020-21. It reasoned that the notification did not create a new exemption but removed a disparity between government and non-government employees, and that denying the higher ceiling to persons retiring before the notification would create an artificial distinction contrary to the amendment's object. The restriction of exemption to Rs. 3 lakhs was held unsustainable, and the leave encashment received within the enhanced ceiling was allowed as exempt.
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