Held, allowing the appeal, that the issue had been restored to the file of the Assessing Officer for determination of the exemption of leave encashment to which the assessee was entitled under the provisions of section 10(10AA)(i) and (ii) of the Act. Tribunal also held that CIT(A) has the power to entertain fresh claim which is not made in the return. (AY.2016-17)
Devendra Mehta v.Dy. CIT (2023)108 ITR 6 (Jabalpur) (Trib)
S. 10(10AA) : Leave salary-Employee of the Central Government or State Government-Originally employed by Government but retiring from service of Government undertaking-Whether Entitled To Full Exemption — Matter remanded to Assessing Officer-CIT(A) has the power to entertain fresh claim which is not made in the return.[S. 143(1), 250]