2002 (2) TMI 68

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....respondent No.1 herein (hereinafter referred to as "bank"). All these petitioners who were working in various posts in respondent No.1-bank have taken voluntary retirement, pursuant to voluntary retirement scheme introduced by the bank. It is the case of the petitioners that strictly in terms of section 192(2A) of the Income-tax Act, 1961, read with rule 21AA of the Income tax Rules, 1962, each pe....

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....urn. Heard Shri P.M. Choudhary, learned counsel for the petitioners, Shri B.L. Pavecha, senior counsel, assisted by Smt. Pathak, for respondents Nos.1 to 3 and Shri Patankar, for respondent No.4. Having heard learned counsel for the parties and having perused the record of the case, I find no merit in the writ for grant of relief. In my opinion, in a case of this nature, section 89(1) of ....

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....ot examine the factual aspect of each assessee as to whether he is entitled to get this benefit or not--it being a matter of factual adjudication. It is for this reason, this task is entrusted to the Assessing Officer in the section itself. I, therefore, decline to examine the issue raised by these petitioners and while dismissing the writ grant liberty to each petitioner to make an application....