TaxTMI 
TaxTMI 
2021 (1) TMI 924
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....re of certiorari or any other appropriate writ, order or direction for quashing and setting aside the impugned order dated 07.12.2017 passed by the respondent at Annexure­E and order dated 01.06.2018 passed by the respondent at Annexure­G. (B) The Hon'ble Court may issue directions to respondents to direct the concerned assessing officer to allow the said exemption u/s. 10 (10 C) of the Income Tax Act, 1961 for an amount of Rs. 5 lakh along with statutory interest. (C) Award the cost of this petition." 2. The writ applicant was serving with the ICICI Bank Ltd. The writ applicant opted for the scheme of early retirement as declared by the ICICI Bank Ltd. He received a sum of Rs. 15,69,701/­ in accordance ....
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....ponents and gratuity. On that basis the refund amount claimed was Rs. 1,95,602/­. This was not granted by the Assessing Officer and the appellant also failed in his attempt up to the High Court as vide impugned judgment dated 27.04..2009 dismissed the appeal of the appellant holding that since the Scheme in question Reason : ERO was not statutory Scheme or in accordance with the requirement of Rule 2BA of the Income Tax Rules, provisions of Section 10 (10 C) of the Act would not apply. Learned counsel for the appellant has produced copies of various orders passed by this Court in certain appeals arising in identical circumstances and holding that in such cases deduction under Section 10 (10 C) of the Act would be available to t....
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....rd Mr. Darshan R. Patel, the learned counsel appearing for the writ applicant and Mr. Varun K. Patel, the learned Sr. Standing Counsel appearing for the respondent ­ Revenue. 8. Prima facie, it appears that two things weighed with the Principal Commissioner while declining to the grant of exemption, as prayed for, by the writ applicant. First, distinguishing the feature in the case of the appellant before the Supreme Court and the writ applicant (hereinafter referred to as "the Act" for short), the Principal Commissioner took the view that the appellant before the Supreme Court had, in fact, claimed the exemption in his return of income under Section 10 (10 C) of the Act, 1961, whereas, in the case of the writ applicant, he had not c....
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....r u/s. 10 (10 C). 5. In reply to para 8 of the Affidavit­in­ Reply filed by the respondent, it is again reiterated that the petitioner has no other recourse but to approach Hon'ble High Court by way of this writ petition for the abovenoted claim of exemption u/s. 10 (10 C) of the Income Tax Act, 1961 and the same being genuine and it being in accordance with the four corners of law, it is respectfully submitted that the claim of exemption u/s. 10 (10 C) of the Income Tax Act may be allowed to the petitioner. The petitioner further submits that the genuineness of the claim is not even disputed by the respondent. That being the case, the petitioner's claim cannot be rejected merely on technical grounds and th....