https://www.taxtmi.com/caselaws?id=58558 The substance of the engagement, not the broker label, determined that the assessee was in an employer-employee relationship because the appointment involved continuing service, fixed monthly remuneration, yearly renewal and incentive-linked payments. On that footing, the lump sum paid on termination was treated as commuted pension, since the correspondence showed that an existing pension liability for long service was discharged in a single payment in lieu of a monthly annuity. The receipt was therefore characterised as salary-related commuted pension and exempt under section 10(10A) of the Income-tax Act, 1961. en-us Sat, 05 May 1984 00:00:00 +0530 Mon, 20 Dec 2010 15:58:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=58558 The substance of the engagement, not the broker label, determined that the assessee was in an employer-employee relationship because the appointment involved continuing service, fixed monthly remuneration, yearly renewal and incentive-linked payments. On that footing, the lump sum paid on termination was treated as commuted pension, since the correspondence showed that an existing pension liability for long service was discharged in a single payment in lieu of a monthly annuity. The receipt was therefore characterised as salary-related commuted pension and exempt under section 10(10A) of the Income-tax Act, 1961. Case-Laws Income Tax Sat, 05 May 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=58558