2026 (6) TMI 1336

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....nvolved in both the appeals are common and arise from the same factual matrix identical, both the appeal were heard together and are therefore, being disposed off by way of a common order. ITA No.665/AHD/2026 2. We would first take up ITA No.665/AHD/2026 pertaining to Assessment Year 2020-2021 preferred by the Assessee against the Order, dated 09/01/2026, passed by CIT(A) whereby the Learned CIT(A) had dismissed the appeal against the Intimation Order, dated 28/03/2021, passed under Section 143(1) of the Income Tax Act, 1961 [hereinafter referred to as 'the Act']as barred by limitation. 3. The grounds raised by the Assessee read as under: "1. The learned CIT(A) has erred in law and on facts in refusing to condone the delay....

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....claim under Section 10(10B). 4. The learned CIT(A) has passed the impugned order without granting reasonable opportunity of hearing and without issuing statutory notice under Section 250 of the Act during appellate proceedings. The order is thus vitiated for breach of natural justice and is bad in law." 4. We have heard both the sides and have perused the material on record. 5. The Assessee in the present case is an individual. During the relevant previous year the Assessee received compensation under Bharat Sanchar Nigam Limited Voluntary Retirement Scheme - 2019 [for short 'BSNL VRS-2019']. Due to lack of awareness of the legal provisions at the time of filing the return of income and on account of the fact that the employe....

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....143(1) of the Act; and directed the Assessing Officer to grant refund to the Assessee holding that the compensation received by the assessee under the same BSNL VRS - 2019 was exempt under Section 10(10B) of the Act. The aforesaid decision of the Tribunal was followed in the case of Kirtida Rajeshkumar Shah Vs. The Income Tax Officer, Ward 7(2)(1), Ahmedabad: :ITA Nos.151/AHD/2026 (Assessment Years: 2020-21) and ChhaganlalBhimabhai Vs. The Income Tax Officer, Ward 1(2), Bhavnagar: ITA Nos.2547 & 2548/AHD/2025 (Assessment Years: 2020-21 & 2021-22). 7. There is no change in the legal proposition and the factual matrix. Revenue has failed to distinguish the above decisions of the Tribunal either on facts or in law. Further, the view taken b....

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....e Order, dated 09/01/2026, CIT(A) whereby the Learned CIT(A) had dismissed the appeal against the Intimation Order, dated 25/12/2021, passed under Section 143(1) of the Act as barred by limitation. 11. During the course of hearing both the sides had agreed that our finding/adjudication in ITA No.665/AHD/2026 pertaining to the Assessment Year 2020-2021 shall apply mutatis mutandis to the present appeal for the Assessment Year 2021-2022. Therefore, adopting the reasoning given while allowing appeal for the Assessment Year 2020-2021 hereinabove, we hold that the compensation of INR. 37,23,228/- received by the Assessee during the relevant previous year under BSNL VRS - 2019 is exempt under Section 10(10B) of the Act. The Assessing Officer i....