2017 (4) TMI 965

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....,76,744/- on the ground that the amount received as Notice pay is liable to be taxed under the head "Salary" u/s. 16 of the IT. Act. It is submitted that the amounts received of Rs. 1,64,636/- and Rs. 1,10,550/- both as Notice pay do not form part of the Salary Income as they are capital receipts. It is submitted that on the basis of fact and decisions by Appellate Authorities, the amount received as Notice pay of Rs. 2,76,744/- be not taxed as Salary Income and the addition made be deleted. 2. The learned C.I.T. (Appeals) has erred in adding Rs. 23,310/- as interest received on Employees Provident Fund. It is submitted that neither assessee nor the A.R. has accepted such addition and the addition made of Rs. 23,310/- being exempt ....

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....rom other two employers, the undisclosed salary income of Rs. 1,64,636/- received from Reliance Communication Ltd and Rs. 5,46,060/- received from Videocon Tele Communications Ltd were added to the total income of the assessee vide order dated 15.10.2012, passed under Section 143(3) r.w. 147 of the Act. 5. Aggrieved by the order of the ld. Assessing Officer, the assessee preferred appeal before the ld. CIT(A) who, after considering the submissions of the assessee, sustained the additions made by the Assessing Officer as under:- "4.3 I have considered the order of the AO and the submissions made by the appellant in this regard. Income under the head 'salary' is computed in accordance with Section 15,16 v& 17 of Income-tax....

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....cision of Bombay High Court in the case of Ramchandra Dhonde Datar Vs. CIT (1961) 43 ITR 22 (Bom). The above case-law is irrelevant to the fact of the case, as it relates to whether compensation paid by the employer for termination of the employment is taxable. The instant case is allowability of deduction made by the employer for the notice period. Accordingly, the ground of the appellant is dismissed. " 6. Aggrieved, the assessee is now in appeal before this Tribunal. 7. We have heard the ld. Departmental Representative and the perused the material available on record. We find that during the year under consideration the assessee served with Reliance Communication for 39 days for the period 01.04.2009 to 09.05.2009 and received a to....