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2006 (1) TMI 93

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....ax case appeals are directed against the order of the Income-tax Appellate Tribunal in I.T.A. Nos. 945, 913 and 939/Mad/2004, dated February 10, 2005. The Revenue is the appellant. The assessment year involved is 2001-02. The case of the appellant is that the assessees/respondents herein, availed of the benefit of the voluntary retirement scheme and claimed exemption of the amount of compensati....

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....on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is eligible to claim simultaneous benefit under section 10(10C) as well as section 89(1) in respect of the compensation received under the voluntary retirement scheme?" It is fairly conceded by the learned counsel appearing for the Revenue that the issue raised in the above question is squarel....