Form 10E-based relief for voluntary retirement compensation must be claimed by employees; employer need not refund TDS.

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Full Text of the Document

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....Voluntary retirement compensation and related termination payments were held to fall within the combined operation of the provisions governing voluntary retirement relief, salary arrears and profits in lieu of salary, with Form 10E required for the claim. An employer is required to compute and give effect to such relief only on the basis of particulars furnished by the employee; absent those particulars, it is not bound to grant the relief while deducting tax at source. The employer's deduction and remittance of tax was therefore upheld, and any admissible refund was directed to be claimed through the employees' returns and processed in accordance with law.....