2011 (5) TMI 974

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....BER:- This is Revenue's appeal against the order of Commissioner of Incometax( Appeals)-XXI, Ahmedabad in appeal No. CIT(A)-XXI/177/Wd.15(4)/2009-10 dated 25-01-2010 for the assessment year 2008-09. 2. The Revenue has taken following ground:- "1. The learned CIT(A) has erred in law and n facts ins deleting the addition of ₹ 5,00,000/- u/s/10(10C) of the I.T. Act relying on the decision ....

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....n of income for assessment year 2008-09 declaring total income of ₹ 86,120/-. The Assessing Officer noticed that the assessee had opted for Early Retirement on 30-04-2007 and claimed exemption u/s.10(10C) amounting to ₹ 5 lakh. The exemption of ₹ 5 lakh u/s.10(10C) is available if the Voluntary Retirement Scheme satisfies the guidelines laid down in Rule 2BA of the Income-tax Rul....

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....f the appellant following the claim of exemption u/s.10(10C) of the Act. I have gone through the order of the Assessing Officer and the order of the Hon'ble Income-tax Appellate Tribunal, Ahmedabad Bench "A" with regard to the claim of exemption u/s10(10C) of the Act. The ITAT has observed as under:- 'We find that ITAT, Mumbai Bench in a group of identical matters in ITA Nos.6384/Mum/2006 and o....