2019 (11) TMI 218

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....er Section 10(10C) of the Income Tax Act, 1961, (for brevity "IT Act") was rejected on the reason that the revised return was filed after the time limit prescribed. 2. Heard both sides and perused the materials placed before this Court. 3. The case of the petitioner is as follows: The petitioner's husband was an ex-employee of ICICI Bank and also an Assessee under the IT Act. He died on 29.08.2019. The ICICI Bank introduced a scheme called "Early Retirement Option", which is voluntary retirement scheme and under that scheme, the petitioner's husband opted to retire and receive the terminal benefits. He had filed his original returns under Section 143(3) of the IT Act, for the year 2004-2005 on 08.07.2004, claiming the relief unde....

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....y Retirement Option Scheme. Several persons, who had filed writ petitions before the Madurai Bench of this Court, have been granted the relief. In fact, in those orders, the Court took into consideration the decision of the Hon'ble Supreme Court and granted the relief. 9. The circular issued by the Central Board of Direct Taxes is in exercise of the powers conferred under Section 119 of the Act. The said provision deals with instructions to Subordinate Authorities. Sub-Section (1) of Section 119 of the Act states that the Board may, from time to time, issue such orders, instructions and directions to other Income Tax Authorities, as it may deem fit, for the proper administration of the provisions of the Act and such Authorities and ....

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....etitioner. Thus, the Board, in its wisdom, while implementing the judgement in the case of S.Palaniappan, took a decision that such a benefit should be extended to the similarly placed persons treating them as class of cases. Therefore, the Board observed that the order should be communicated to all the Commissioners, so that relief can be granted to such retirees of the ICICI Bank. Thus, the petitioner cannot be non-suited solely on the ground that he had filed a revised return well beyond the period stipulated under Section 139(5) of the Act. 12. Furthermore, it is relevant to point out that Clause (c) to Sub-Section (2) of Section 119 of the Act states that the Board may, if it considers it desirable or expedient so to do for avoiding ....