V NATESAN Vs. ASST COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The assessee has come forward with this appeal in which the following substantial questions of law have been raised :

(2.) In fact, in respect of another employee of the Reserve Bank of India, who had gone on voluntary retirement under the scheme, this court on November 25, 2009, passed orders in T.C. No. 1101 of 2008, by applying the decision of the Supreme Court in Civil Appeals Nos. 6997-7002 of 2009 arising out of SLP (C) Nos. 15805-15810 of 2008 (Chandra Ranganathan v. CIT,2010 326 ITR 49), granted relief in favour of the assessee. As the case of the appellant is squarely covered by the above referred to decision of the Supreme Court as well as the decision of the Division Bench of this court, dated November 25, 2009, and also having regard to the communication of the Government of India, making it clear the employees of the Reserve Bank of India who accepted the Optional Early Retirement Scheme, are entitled for the benefit of section 10(10C) of the Income-tax Act, 1961, the tax case (appeal) stands allowed. The impugned order is set aside and the second question of law is answered in favour of the assessee. No costs. Consequently, connected miscellaneous petition is closed.