1985 (2) TMI 68

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....M/s Burmah Shell, for its management staff. For the asst. yr. 1975-76 in terms of his order dt. 9th Feb., 1982 the ITO computed the assessee's total income at Rs. 1,23,150. Included in this income was the salary from M/s Burmah Sehll of Rs. 91,140, Which among others included redundancy compensation of Rs. 87,300. 3. Against the assessment as made the assessee filed an appeal on two issues, one related to the action of the ITO in bringing to charge in the assessment an amount of Rs. 551,19 which in terms of the employer's letter dt. 14th April, 1974 was to accrue and become due to on 15th April, 1975. The second dispute related to the assessee's claim for relief under s. 89(1) of the Act. Whereas on the first issue, the CIT (A) decided t....

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....application arising out of ITA No. 37/(Bom) 1979. 5. Having heard the parties and examined the record we find that whereas Sequeira like the assessee before us today was an employee of a petroleum company. Pakvasa was an employee of IDM. Excepting this difference we find no difference whatsoever regarding the terms of voluntary retirement offered by the employer. Accordingly, we find no justification to interfere with the decision of the CIT (A) on the issue raised by the Revenue's appeal. As such, the Revenue's appeal is dismissed. 6. Turning to the assessee's appeal, Shri Mistry submitted that all what the CIT (A) has stated is that s. 89(1) deals with salary paid in arrears or in advance having been received in any financial year f....