AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2025 (7) TMI 1590
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....ppeal before this Tribunal is time barred by 355 days. Assessee has filed an application for condonation of delay stating the reasons and the same read as follows : "I was in receipt of order u/s 250 dated 21-11-2023 passed by CIT Appeals NFAC through my e-filing account. I have viewed the order some days after the date of uploading on the portal. The income determined by the AO at Rs. 40,45,090/- against the income returned at Rs. 7,88,180/-. The difference between the income returned and income determined is attributable to disallowance of exempt income claimed by the assessee. I have put in continuous service of 27 years initially with MSEB and 12 years with MSCDCL. Thus I was given to understand that the former phase o....
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....f the inflation effect and financial growth of the country and had to pay more income tax. The ongoing litigation is in respect of Wirt Petition No 11846 of 2019. The addl affidavit is to be filed by the Respondent No.2. The last hearing took place on 28th October and the matter directed to be posted on 15-04-2025. The copy of the HC proceedings are enclosed for kind perusal. In view of the above circumstances I was advised not to file the appeal to Tribunal but wait for the outcome of the Writ Petition. However as advised by other Tax Professional I am filing the appeal belatedly. An affidavit for delay condonation is also being submitted separately. Thus consider the peculiar circumstances under which I have not filed th....
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....ent Employee. Ld. Assessing Officer after going through the details filed by the assessee came to the conclusion that assessee is not a Government employee and therefore not eligible for the exemption u/s. 10(10) and 10(10AA) of the Act. Ld. Assessing Officer allowed the benefit of tax free Gratuity at Rs. 10.00 lakh and Rs. 3.00 lakh for the Leave Encashment and has made the addition of Gratuity at Rs. 15,29,260/- and Leave Encashment at Rs. 17,27,648/-. 6. Aggrieved assessee preferred appeal before ld.CIT(A) but failed to succeed. Now the assessee is in appeal before this Tribunal. 7. Ld. Counsel for the assessee submitted that the assessee joined the services of Maharashtra State Government by joining with Maharashtra State Electri....
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....n of all these details, the issue may be restored to the file of Ld. Jurisdictional Assessing Officer. 8. On the other hand, ld. Departmental Representative supported the order of ld.CIT(A). 9. I have heard the rival contentions and perused the record placed before me. During the year under consideration, assessee has received Gratuity and Leave Encashment as part of his retirement benefits. Assessee has rendered service for 27 years with MSEB and 12 years with MSEDCL. Assessing Officer. Ld. Assessing Officer allowed the benefit of tax free Gratuity at Rs. 10.00 lakh and Rs. 3.00 lakh for the remaining amount he made addition on the ground that the assessee is not a Government Employee and therefore not eligible for the exemption clai....
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....tra State Electricity Board and his employment was subsequently transferred to PSU ie. Maharashtra State Electricity Transmission Co. Ltd. incorporated under the Companies Act in June, 2005. He attained superannuation on 30.11.2018. Perusal of the chart submitted by the Ld. AR (reproduced above) reveals that the assessee joined Maharashtra State Electricity Board on 02.07.1981 and he retired on 30.11.2018 from Maharashtra State Electricity Transmission Co. Ltd. Out of his total service tenure of about 37 years, his tenure with Maharashtra State Electricity Board was about 24 years and with Maharashtra State Electricity Transmission Co. Ltd. was about 13 years. Accordingly, the assessee is entitled to claim exemption for retirement gratuity ....
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....set aside this issue to the file of Ld. AO for verification of the details/calculation submitted by the assessee and allow the claim of exemption for retirement gratuity and leave encashment received by the assessee at the time of his superannuation on proportionate basis, as per law keeping in view his employment tenure with Maharashtra State Electricity Board and Maharashtra State Electricity Transmission Co. Ltd. The assessee shall co-operate fully before the Ld. AO and provide requisite details/explanation as may be required/called for in support of his claim. We order accordingly." 11. From going through the above finding of this Tribunal, I find that the same is squarely application on the facts of the instant case. Assessee deserv....