DCIT, Trivandrum v. Shri K. Radakrishnan By L/H Mrs. Bhagavathy P., Trivandrum

ITA 968/COCH/2008 | 2004-2005
Pronouncement Date: 30-04-2010

Appeal Details

RSA Number 96821914 RSA 2008
Assessee PAN AEOPP3150J
Bench Cochin
Appeal Number ITA 968/COCH/2008
Duration Of Justice 1 year(s) 5 month(s) 8 day(s)
Appellant DCIT, Trivandrum
Respondent Shri K. Radakrishnan By L/H Mrs. Bhagavathy P., Trivandrum
Appeal Type Income Tax Appeal
Pronouncement Date 30-04-2010
Appeal Filed By Department
Bench Allotted DB
Tribunal Order Date 30-04-2010
Assessment Year 2004-2005
Appeal Filed On 21-11-2008
Judgment Text
IN THE INCOME TAX APPELLATE T RIBUNAL COCHIN BENCH COC HIN BEFORE SHRI N.VIJAYAKUMARAN AND SHRI SANJAY AROR A I.T.A. NOS./969 /COCH/2008 ASSESSMENT YEAR : 2001-02 DY. COMMISSIONER OF INCOME- TAX INCOME-TAX CIRCLE-2(1) TRIVANDRUM. VS. SHRI V.A.JOHN ANAKKALLUMKAL MANGALAM P.O. KOTTAYAM- 686018. [PAN NO. J-1468] (REVENUE-APPELLANT) (ASSESSEE RESPONDENT) REVENUE BY SHRI T.J. VINCENT DR ASSESSEE BY NONE I.T.A. NOS./968 /COCH/08 & CO NO. 01/COCH/2009 ASSESSMENT YEAR : 2004-05 DY. COMMISSIONER OF INCOME- TAX CIRCLE-2(1) TRIVANDRUM. VS. LATE SHRI K.RADHAKRISHNAN BY L/H MRS. BHAGAVATHY P. THOTTAM MANACAUD TRIVANDRUM. [PAN NO. AEOPP 3150J] (REVENUE-APPELLANT) (ASSESSEE - RESPONDENT) (AND VICE-VERSA) ASSESSEE BY SHRI A.S.NARAYANAMOORTHY CA REVENUE BY SHRI T.J.VINCENT DR O R D E R PER SANJAY ARORA AM: THESE ARE A SET OF TWO APPEALS BY THE REVENUE I.E . FOR TWO DIFFERENT ASSESSES RAISING THE SAME ISSUE WITH THE ASSESSEE PREFERRIN G CROSS OBJECTION (C.O.) IN THE CASE OF ONE WHICH THOUGH IS ONLY SUPPORTIVE IN NATURE A RISING OUT OF THE ORDERS BY THE ITA. NOS. 968 & 969/COCH./2008 & C.O. NO.01/COCH/2 009 2 COMMISSIONER OF INCOME TAX (APPEALS)-I TRIVANDRUM (CIT(A) FOR SHORT) DATED 28.8.2008 IN (I.T.A. NO. 968/COCH/2008) AND DATED 2 9.8.2008 IN (I.T.A.NO. 969/COCH/2008) FOR ASSESSMENT YEARS (AYS) 2004-05 AND 2001-02 RESPECTIVELY. 2. THE ONLY ISSUE ARISING IN THE PRESENT APPEALS IS THE EXIGIBILITY OF THE ASSESSEES CLAIM IN RESPECT OF VOLUNTARY RETIREMENT BENEFIT GR ANTED THERETO BY ITS EMPLOYERS BEING RESERVE BANK OF INDIA AND UNION BANK OF INDIA UNDE R THE OPTIONAL EARLY RETIREMENT SCHEME (OERS) AND VOLUNTARY RETIREMENT SCHEME (VRS) EXTENDED TO ITS EMPLOYEES BY THE SAID EMPLOYER-BANKS DURING THE RELEVANT PREVIOU S YEAR U/S. 10(10C) AND 89(1) OF THE INCOME-TAX ACT 1961 (THE ACT' HEREINAFTER). 3. THE LD. CIT(A) ALLOWED THE ASSESSEES APPEALS I N BOTH THE CASES FOLLOWING THE ORDERS BY THE HIGHER APPELLATE AUTHORITIES BEING T HE HONBLE HIGH COURT INCLUDING THE HONBLE JURISDICTIONAL HIGH COURT AS WELL AS BY TH E TRIBUNAL CITING THEIR DECISIONS ON THE SAME ISSUE WHICH ARE AS UNDER:- I) STATE BANK OF TRAVANCORE VS. CBDT & ANOTHER (2006) 282 ITR 587 (KER.) II) CIT VS. G.V.VENUGOPAL (2005) 273 ITR 307 (MAD) III) TRIBUNAL (COCHIN BENCH) ORDER IN I.T. A. NOS. 421 TO 427(COCH)/2007 DATED 26.10.2007. IV) TRIBUNAL (COCHIN BENCH) ORDER IN I.T.A . NOS. 88 TO 112(COCH)/2008 DATED 14.5.2008. 4. BEFORE US THE REVENUE HAS NOT BEEN ABLE TO IN A NY MANNER CONTROVERT THE FINDINGS BY THE FIRST APPELLATE AUTHORITY. 5. WE FIND THE ISSUE AS SQUARELY COVERED BY THE CIT ED DECISIONS WHEREIN IT STANDS DULY EXPLAINED THAT THE SAID BENEFIT U/S. 10(10C) W OULD EXTEND TO THE EMPLOYEES OF OFFICER GRADE REJECTING THE REVENUES CONTENTION OF THE BE NEFICIARIES BEING NOT WORKMEN SO THAT THEY WOULD NOT STAND TO BE ENTITLED TO THE BENEFIT UNDER THE SAID SECTION AND FURTHER THAT THE SAID AMOUNT WOULD IN TERMS OF SECTION 17 QUAL IFY TO BE SALARY AND THUS EXIGIBLE TO ITA. NOS. 968 & 969/COCH./2008 & C.O. NO.01/COCH/2 009 3 THE RELIEF U/S. 89(1) OF THE ACT. WE THEREFORE F IND NO REASON TO INTERFERE WITH THE IMPUGNED ORDER(S) BY THE FIRST APPELLATE AUTHORITY WHICH STAND UPHELD. 6. IN THE RESULT BOTH THE REVENUES APPEALS ARE DI SMISSED AND THE C.O. BY THE ASSESSEE BEING ONLY SUPPORTIVE IN NATURE NOT WARR ANTING ANY ADJUDICATION IS ALSO DISMISSED. SD/- SD/- (N.VIJAYAKUMARAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED : 30TH APRIL 2010 GJ COPY TO: 1. SHRI V.A. JOHN ANAKALLUMKAL MANGALAM P.O. KOT TAYAM-686018. 2 LATE SHRI K.RADHAKRISHNAN BY L/H SMT. BHAGAVATHY . P THOTTAM MANACAUD TRIVANDRUM. 3. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-2(1) TRIVANDRUM. 3. THE COMMISSIONER OF INCOME-TAX(A)-I TRIVANDRUM. 4.COMMISSIONER OF INCOME-TAX TRIVANDRUM.. 5. D.R./I.T.A.T. COCHIN BENCH COCHIN. 6. GUARD FILE. BY ORDE R (ASSISTANT RE GISTRAR) ITA. NOS. 968 & 969/COCH./2008 & C.O. NO.01/COCH/2 009 4