2016 (5) TMI 140

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....tion 10 (10C) of the Act for Assessment Year 200809 in respect of the amount received on Voluntarily Retirement from her employer i.e. the State Bank of India (SBI), was rejected. 3. Brief facts: (a) The Petitioner is a senior citizen who was formerly an employee of SBI. During the Assessment Year 2008-09, the Petitioner opted for voluntary retirement under the Exit Option Scheme, framed by her employer - SBI . On exercising the option of voluntary retirement under the above Scheme, the Petitioner received an amount of Rs. 5,00,315/from her employer i.e. the SBI. (b) In her return of income for the Assessment Year 200809, the Petitioner claimed that to the extent of Rs. 5,00,000/received by her from the SBI at the time of her voluntarily....

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....dated 11th November, 2010 addressed by the Office of the Commissioner of Income Tax, Thane to Mr. Ravikant Shet, intimating to him that the Assessing Officer has been directed to process the return and allow the exemption available under Section 10(10C) of the Act. (e) On 12th March, 2012, the Commissioner of Income Tax, Thane by the impugned order rejected the Petitioner's Revision Application. This by placing reliance upon an alleged communication received by the Income Tax Department from the SBI while making enquiry in respect of a claim by another exemployee of SBIone Ms. Nirmala S. Shetty on the basis of the above alleged communication, the impugned order holds that the Petitioner's application does not satisfy the requiremen....

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....r fresh disposal after giving Petitioner copies of communication received from SBI while investigating into the case of Ms.Nirmala S.Shetty, exemployee of SBI. As also deal with the communication dated 11th November, 2011 addressed by the office of the Commissioner to Mr. Ravikant Shet. 7. However, taking into account the fact that in the similar situations such as that of the Petitioner, the benefit of exemption under Section 10(10C) of the Act have been granted by the orders of the Tribunal and the same have been upheld by this Court such as in Income Tax Appeal No. 303 of 2013 ( CIT v/s. Vijay G.Patil)rendered on 16th February, 2015, Income Tax Appeal No.1494 of 2013 - (CIT v/s. Shri Ramesh D. Kulkarni), Income Tax Appeal No. 1495 of 20....