Assessing Officer denied exemption under section 10(10), 10(10A) and 10(10AA) to assessee-University on ground that Income-tax Act clearly distinguishes an University from State Government and thus, assessee could not be treated as part of Government and employees of University did not fall under category of Government employees . Tribunal held that University was created by State Government to discharge one of its sovereign function of imparting higher education in State and State Government exercised direct control over financial and administrative matters of University and since employees of assessee were found to be holding civil posts under State Government, provisions of section 10(10)(i), 10(10A) and 10(10AA) were fully attracted and, consequently, payments made by assessee to its employees towards death cum retirement gratuity, pension or leave salary would not be liable for TDS to extent permitted under provisions of section 10(10)(i), 10(10A) and 10(10AA) of the Act .(AY. 2106 -17 2017 18)
ITO (TDS) v. Mahatma Gandhi University. (2019) 177 ITD 508/ 73 ITR 44 /202 TTJ 626 ( 2020) 188 DTR 293 (Cochin)(Trib.)
S. 201 : Deduction at source-Failure to deduct or pay–Bona fide estimate–Cannot be held to be assessee–in default-Payments made employees towards death cum retirement gratuity, pension or leave salary would not be liable for TDS to extent permitted under provisions. [S. 10(10), 10(10AA)]