1 itxa1093-13 sas IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1093 OF 2013 Commissioner of Income Tax-I, Kolhapur ..Appellant. V/s. Jayprakash Ramchand Pol ..Respondent. Mr.N.N.Singh for appellant. None for respondent. CORAM : S.C.DHARMADHIKARI AND A.K. MENON, JJ. DATED : 17TH MARCH, 2015 P.C. :- 1. assessee in this case is ex-employee of State Bank of India. He retired under Voluntary Retirement Scheme termed as Exit Option Scheme For assessment year 2008-09 order was passed by assessing officer on 27 th October, 2010 on pretext that assessee had taken benefit of exemption under section 10(10C) of Income Tax Act, 1961 for ex-gratia amount of Rs.5,00,000/-. Accordingly, same amount was required to be brought to tax. respondent claims that as per above provision read with section 2BA of I.T. Act, he is entitled for deduction. assessing officer while completing assessment has disallowed ex-gratia amount paid to ::: Uploaded on - 20/03/2015 ::: Downloaded on - 11/04/2020 10:28:27 ::: 2 itxa1093-13 tune of Rs.5,00,000/-. This order was challenged before Commissioner of Income Tax (Appeals), Kolhapur on 6 th December, 2010. said Commissioner passed order allowing assessee's appeals on 6th September, 2011. 3. Being aggrieved, revenue challenged order before Pune Bench of Tribunal which has been dismissed by impugned order dated 19th November, 2012. 4. We have heard Mr.N.N. Singh and we have perused order passed by Tribunal as also by Commissioner of Income Tax (Appeals). Commissioner of Income Tax (Appeals) has relied upon Division Bench judgment of this Court in case of Commissioner of Income Tax V/s. Koodathil Kallytan Ambujakshan reported in (2008) 219 C.T.R. (Bom) 80, wherein this Court had considered similar issue in case of Reserve Bank of India employees. Therefore, this scheme being identical to Reserve Bank of India employees, provisions of law also being identical, Commissioner following view and decision of this Court reversed order of assessing officer and allowed assessee's appeal. 4. Tribunal has also applied same judgment of this Court. We do not find any reason to deviate or depart from ::: Uploaded on - 20/03/2015 ::: Downloaded on - 11/04/2020 10:28:27 ::: 3 itxa1093-13 view taken by Division Bench of this Court in identical facts and circumstances. In fact, another appeal of revenue against similarly placed assessee was dismissed being Income Tax Appeal No.303 of 2013 (The Commissioner of Income Tax-II V/s. Shri Vijay G. Patil) decided on 16th February, 2015. It was dismissed by following Division Bench of this Court and by holding that there is no substantial question of law. Applying same ratio, we dismiss present appeal. No order as to costs. (A.K. MENON, J.) (S.C.DHARMADHIKARI, J.) ::: Uploaded on - 20/03/2015 ::: Downloaded on - 11/04/2020 10:28:27 ::: Commissioner of Income-tax-I, Kolhapur v. Jayprakash Ramchand Pol