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Case Law Details

Case Name : Madan Mohan Sharma Vs ITO (ITAT Chandigarh)
Appeal Number : ITA No. 1165/CHD/2012
Date of Judgement/Order : 17/06/2015
Related Assessment Year :
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Facts of the case:

The assessee filed return of income for the year under consideration declaring taxable income of Rs.2,23,430/- . In the return of income, the assessee had claimed Rs.5 lacs as exempt under section 10(10C) of the out of total amount of Rs.6,86,346/- being the amount of ex-gratia received by him from his the then employer , State Bank of Patiala at the time of his retirement under the scheme known as Exit Option Scheme floated by the State Bank of Patiala. The assessee had also received gratuity and leave encashment, which amount was also claimed by the assessee as deduction under sections 10(10C) and 10(10AA) of the Income Tax Act , 1961. The Assessing Officer did not allow the claim of the assessee for the reasons stated in the assessment order dated 13.12.2010 passed under section 143(3) r .w.s. 147 of the Act. The appeal of the Assessee was dismissed by the CIT(A) as the same was barred by the imitation.

Questions of Law:

  • Whether the CIT(A) was justified in not condoning the delay?
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