N.Thenappan, Trichy v. ITO, Trichy

ITA 1473/CHNY/2011 | 2004-2005
Pronouncement Date: 17-11-2011 | Result: Allowed

Appeal Details

RSA Number 147321714 RSA 2011
Assessee PAN AADPJ3821B
Bench Chennai
Appeal Number ITA 1473/CHNY/2011
Duration Of Justice 2 month(s) 18 day(s)
Appellant N.Thenappan, Trichy
Respondent ITO, Trichy
Appeal Type Income Tax Appeal
Pronouncement Date 17-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 17-11-2011
Assessment Year 2004-2005
Appeal Filed On 29-08-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH CHENNAI BEFORE DR. O.K.NARAYANAN VICE-PRESIDENT AND SHRI HARI OM MARATHA JUDICIAL MEMBER ITA NO.1473(MDS)/2011 ASSESSMENT YEAR: 2004-05 SHRI N.THENAPPAN 24A/C SRIRAM APARTMENT SASTRI ROAD THENNUR TIRUCHIRAPALLI-620 017. PAN AADPJ3821B. VS. THE INCOME-TAX OFFICER WARD II(2) TIRUCHIRAPALLI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S. KEERTHIRAJAN C.A. RESPONDENT BY : SHRI A.C.JO SEPH IRS JOINT COMMISSIONER OF INCOME-TAX. DATE OF HEARING : 17 TH NOVEMBER 2011 DATE OF PRONOUNCEMENT : 17 TH NOVEMBER 2011 O R D E R PER DR.O.K.NARAYANAN VICE-PRESIDENT: THIS APPEAL IS FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2004-05. THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS) AT - - ITA NO.1473 OF 2011 2 TIRUCHIRAPALLI DATED 19-10-2005 AND ARISES OUT OF T HE ASSESSMENT COMPLETED UNDER SECTION 143(3) OF THE INCOME-TAX AC T 1961. 2. THE ONLY GROUND RAISED IN THE PRESENT APPEAL IS THAT THE ASSESSEE A FORMER EMPLOYEE OF ICICI BANK HAS BEEN DENIED THE EXEMPTION OF ` 5 LAKHS UNDER SECTION 10(10C) OF THE INCOME-TAX ACT 1961. THE SAID AMOUNT WAS HIS RETI REMENT BENEFIT. THIS ISSUE IS COVERED IN FAVOUR OF THE A SSESSEE BY A SERIES OF ORDERS OF THE INCOME-TAX APPELLATE TRIBUN AL CHENNAI BENCHES. THE DETAILS OF THE DECISIONS ARE GIVEN BY THE ASSESSEE AS PART OF HIS GROUNDS OF APPEAL. THE HONBLE MADR AS HIGH COURT ITSELF HAS TAKEN A SIMILAR VIEW IN THE CASE O F K.R.ALAGAPPAN 332 ITR 517. IN THESE CIRCUMSTANCES WE ACCEPT THE CONTENTION OF THE ASSESSEE AND DIRECT TH E ASSESSING OFFICER TO GIVE EXEMPTION OF ` 5 LAKHS TO THE ASSESSEE UNDER SECTION 10(10C) OF THE ACT. 3. IN RESULT THIS APPEAL FILED BY THE ASSESSEE IS ALLOWED. - - ITA NO.1473 OF 2011 3 ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY THE 17 TH OF NOVEMBER 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI DATED THE 17 TH NOVEMBER 2011. V.A.P. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F.