Salary- No Relief under section 89 under some circumstances.

Monday, July 2, 2012 | comments

Friends,   W.e.f. Assessment Year 2010-11, no relief is available under section 89 in respect of any amount received or receivable by an assessee on his voluntary retirement or termination of his service or voluntary separation of service if the employee has availed the exemption of compensation of voluntary retirement under section 10 (10C). 

Section 10(10C)
[10C) 73any amount received74 75[or receivable] by an employee of—

 (i) a public sector company ; or
 (ii) any other company ; or
(iii) an authority established under a Central, State or Provincial Act ; or
(iv) a local 76[authority ; or]
77[(v) a co-operative society ; or
(vi) a University established or incorporated by or under a Central, State or Provincial Act and an institution declared to be a University under section 3 of the University Grants Commission Act, 1956 (3 of 1956) ; or
(vii) an Indian Institute of Technology within the meaning of clause (g) of section 378 of the Institutes of Technology Act, 1961 (59 of 1961) ; or

79[(viia) any State Government; or]


80[(viib) the Central Government; or]


81[(viic) an institution, having importance throughout India or in any State or States, as the Central Government may, by notification in the Official Gazette82, specify in this behalf; or]


(viii) such institute of management as the Central Government may, by notification83 in the Official Gazette, specify in this behalf,]


          84[on his] 85[voluntary retirement or termination of his service, in accordance with any scheme or schemes of voluntary retirement or in the case of a public sector company referred to in sub-clause (i), a scheme of voluntary separation, to the extent such amount does not exceed five lakh rupees] :


            Provided that the schemes of the said companies or authorities 86[or societies or Universities or the Institutes referred to in sub-clauses (vii) and (viii)], as the case may be, governing the payment of such amount are framed in accordance with such guidelines (including inter alia criteria of economic viability) as may be 87prescribed 88[***]:


         Provided further that where exemption has been allowed to an employee under this clause for any assessment year, no exemption thereunder shall be allowed to him in relation to any other assessment year :]


        89[Provided also that where any relief has been allowed to an assessee under section 89 for any assessment year in respect of any amount received or receivable on his voluntary retirement or termination of service or voluntary separation, no exemption under this clause shall be allowed to him in relation to such, or any other, assessment year;]
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