2016 (10) TMI 1054

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....the order passed by the CIT(A) on 23.12.2015 in relation to the assessment year 2010-11. 2. This appeal is time barred by 131 days. The assessee has filed a petition for condonation of delay giving the reasons, with which I am satisfied. The delay is condoned and the appeal is admitted for disposal on merits. 3. The only issue pressed by the ld. AR in this appeal is against the denial of exe....

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....xempt up to the limit of Rs. 3,50,000/- and Rs. 3 lac, respectively, in the case of the assessee, which limit stood exhausted in the earlier year at the time of their receipt. He further noticed that exemption limit was enhanced to Rs. 10 lac for the persons retiring from service on or after 24.5.2010. Since the assessee retired before this cutoff date, the AO opined that the extended benefit of e....

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....red u/s 10(10)(ii) as he did not receive any gratuity under the Payment of Gratuity Act, 1972. That is how, he held that the employees of the CCS HAU were covered u/s 10(10)(iii) of the Act, for which there is a limit on the exempt gratuity amount, which stood exhausted by the assessee in earlier year. Since the assessee was employed before 24.5.2010, the Notification issued by the CBDT enhancing ....