1997 (3) TMI 16

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....the instance of the Revenue, the Income-tax Appellate Tribunal has stated a case and referred the following question of law under section 256(1) of the Income-tax Act, 1961, for the assessment year 1982-83 for the opinion of the court : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the voluntary retirement from service would fall u....

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....d in CIT v. J. Visalakshi [1994] 206 ITR 531, held that if an employee receives at the time of resignation, the amount could be regarded as salary and the assessee would be entitled to the relief provided under section 89 of the Income-tax Act, 1961. The said principle rendered by this court in the case of resignation would equally apply to the case of voluntary retirement of an employee from serv....