TaxTMI 
TaxTMI 
2026 (9) TMI 311
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....3(1) of the Income-tax Act, 1961, as time-barred by refusing to condone the delay of 1540 days, without considering the bona fide reasons explained by the assessee. The assessee also contends that exemption of Rs. 12,64,591 under section 10(10B) of the Act was wrongly denied in respect of gratuity and retirement compensation received under the Bharat Sanchar Nigam Limited Voluntary Retirement Scheme, 2019, and that the exemption was incorrectly restricted to Rs. 5,00,000 under section 10(10C) of the Act. According to the assessee, the issue has been decided in favour of retired employees covered by the BSNL VRS, 2019. The assessee further submits that several coordinate benches, on identical facts and circumstances, have condoned delays of ....
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....t in Collector Land Acquisition vs Mst Katiji and Others (167 ITR 471). 5. The learned Commissioner of Income Tax Appeals erred in law and on facts by dismissing the appeal in limine at the threshold without considering the substantive grounds of appeal, since the dismissal was on a technicality due to delay which has been explained, the Honourable Tribunal should treat the appeal as heard on merits in order to correct the procedural irregularity committed by the lower authority. 6. Without prejudice to the above grounds the Honourable Tribunal may be pleased to decide the matter on merits to avoid multiplicity of proceedings and protracted litigation, remanding the matter back to the Commissioner of Income Tax Appeals wou....
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....n merits and grant appropriate relief in accordance with law and equity. 3. The facts show that the assessee is a retired employee who initially served in the Department of Telecommunications and later in Bharat Sanchar Nigam Limited, a public sector undertaking under that Department. Owing to limited knowledge of tax laws, incorrect professional advice, and Form No. 16 issued by the employer, the assessee filed the return of income for assessment year 2020-21 claiming exemption of only Rs. 5,00,000 under section 10(10C) in respect of retrenchment compensation of Rs. 12,64,591 received under the BSNL VRS, 2019. Subsequently, after reviewing the scheme, the Department of Telecommunications notification, the Cabinet approval, and Tribunal ....
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....2 days have been condoned. He also submitted that, in 144 cases, various Tribunals have not only condoned the delay wherever applicable but have also allowed full exemption under section 10(10B) for amounts received by BSNL employees under the BSNL VRS, 2019. It was therefore argued that, on similar facts and identical circumstances, BSNL employees who received amounts under the BSNL VRS, 2019 have been granted relief both on limitation and on merits, and that the issue is squarely covered in favour of the assessee. 6. During the hearing, the learned authorised representative relied on decisions of coordinate benches at Chandigarh, Ahmedabad, Pune, Indore, and Mumbai. He also filed a 265-page paper book compiling those decisions and subm....
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....tegral part of the revival and restructuring plan for BSNL approved by the Union Cabinet on 23 October 2019. The scheme was implemented through the Department of Telecommunications Office Memorandum dated 29 October 2019 and was fully funded through Central Government budgetary support. It was introduced in the context of severe financial stress and persistent operating losses in BSNL, with the stated objectives of manpower rationalization, cost reduction, and long-term sustainability through a significant reduction in workforce. Although described as voluntary, the separation was substantially a government-directed downsizing exercise and had the essential character of retrenchment rather than voluntary retirement. In this process, the ass....