itxa-1087-2013 IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1087 OF 2013 Commissioner of Income Tax II .. Appellant. V/s. Shri Prabhakar Kallappa Kamble .. Respondent. Mr. N. M. Singh, for Appellant. CORAM: M.S.SANKLECHA, & G.S.KULKARNI, JJ. DATE : 11th MARCH, 2015. P.C: This Appeal under Section 260 of Income Tax Act, 1961 (the Act), challenges order dated 23 rd November, 2012 passed by Income Tax Appellate Tribunal (the Tribunal) for Assessment Year 2007 08. 2 Revenue has formulated following questions of law for our consideration: (a) Whether on facts and in circumstances of case, ITAT erred in law in upholding claim of assessee for exemption u/s 10(10C) by erroneously relying on decision given in Commissioner of Income Tax v/s. Koodathi Kallyatan Ambujakshan (reported in 219 CTR 80) given in context of Exit Option Scheme for R. B. I. employees as Exit Option Scheme of SBI employees do not fulfill conditions laid down in rule 2BA r.w.s. 10(10C) of I. T. Act, 1961? (b) Whether or not, partial satisfaction of Rule 2BA of I. T. Rules 1962 would entitle assessee to relief under section 10(10C)? S.R.JOSHI 1 of 2 ::: Uploaded on - 13/03/2015 ::: Downloaded on - 21/05/2020 12:26:10 ::: itxa-1087-2013 3 Mr. Singh, learned Counsel appearing for Revenue fairly states that question as proposed stands concluded against Revenue and in favour of Respondent Assessee by decision of this Court in Income Tax Appeal No.303 of 2013 (CIT v/s. Vijay Patil) rendered on 16 th February, 2015. In view of above, no substantial question of law arises for our consideration. 4 Accordingly, Appeal dismissed. No order as to costs. (G.S.KULKARNI,J.) (M.S.SANKLECHA,J.) S.R.JOSHI 2 of 2 ::: Uploaded on - 13/03/2015 ::: Downloaded on - 21/05/2020 12:26:10 ::: Commissioner of Income-tax-II v. Prabhakar Kallappa Kamble