2026 (4) TMI 256

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....reliminary issue raised regarding the violation of statutory provision of Sec 143(1)(a) of the Income tax Act 1961 the Act with reference to the Revised Return of Income in the form of non issue and service of the notice by the AO u/s 143(1)(a) of the Act before making the adjustment of Rs 1821390 2. 143(1)(a) The Ld Addl JCIT A grossly erred on facts and in law in dismissing the appeal without adjudicating the ground regarding non speaking order of the Ld AO passed u/s 143(1) 3. Sec 10(10AA)(ii) wrongly disallowed The Ld Addl JCIT A has grossly erred in law and is not justified in confirming the addition made by the Ld AO without deciding the involved question of law and not allowing the exemption exceed....

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....evised return of income u/s. 10(10AA)(ii) of the Act. As regards the said claim, the assessee relied upon the decision of the Hon'ble Delhi High Court in WP 11846 of 2019 wherein the Hon'ble High Court held that the grievance of the petitioner with regard exemption in clause (ii) of section 10(10AA) not being raised since 1998 appears to be justified. This is so because over the decades, the pay scales admissible to Government servants and even employees of the pubic sector undertaking and nationalized banks and all others have been temporarily received keeping in view the financial growth in the country as well as on account of rising inflation. The last drawn salaries have increased manifold since time and notification issued under clause....

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.... earned leave for granting exemption from payment of the income tax with retrospective effect. Issuance of notification, as provided in the provision, is in the realm of the powers of the Executive. 6. Learned Standing Counsel for the Revenue, submits that, in fact, in one of the cases, the Delhi High Court has directed the Government to consider revision of the upper limit. However, the Government has issued the notification only in the year 2023, which is applicable with effect from 01.04.2023. 7. In view thereof, the Court, though, has sympathy with the petitioners, but considering the limitation on powers of the Court, this Court is unable to issue a writ of mandamus commanding the respondents to revise the upper limit....