2015 (9) TMI 1046

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....nable forthwith. By consent and at the request of the Counsel, the petition is taken up for final disposal. 2) This petition filed by a Senior Citizen challenges the action of the respondent revenue in not entertaining the petitioner's application for refund of Tax deducted at source (TDS) by Reserve Bank of India (RBI) on the payment made to her in the year 2004 when she opted for the Option....

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....ying that the employees of RBI who had opted for early retirement scheme during the year 200405 would be entitled for benefit of exemption under Section 10(10C) of the Act. In view of the above circular dated 8 May 2009 issued by the CBDT the petitioner filed a revised return of income on 30 September 2009 claiming benefit of exemption available to the Scheme under Section 10(10C) of the Act which....

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.... In the affidavit in reply dated 9 December 2013 the Commissioner of Income Tax states that he is bound by the above instructions issued by the CBDT and consequently the claim for refund cannot be considered. 6) It is not disputed by the respondent revenue that on merits the petitioner is entitled to the benefit of refund of TDS as the payment received under the scheme is exempted under Section 1....