KPTCL v. ITO (2018) 170 ITD 587 (Bang) (Trib.)

S. 10(10A): Commutation of pension -Employees of statutory corporations cannot be regarded as employees of State or Central Government and exemption is not available , however as the assessee was under bonafide belief and discharged its obligation u/s 192 , proceedings u/s 201(1), 201(IA) were quashed [ S.192, 201(1), 201(IA) ]

Tribunal held that  assessee being a statutory corporation its employees could not be regarded as State or Central Government employees and, therefore, exemption under S.10(10AA)(i) was not available and assessee was liable to deduct tax at source . However , since the  assessee was under bona fide belief that its employees were to be regarded as employees of State Government and that its employees were entitled to exemption of entire sum of unutilized leave encashment under S. 10(10AA)(i), assessee had discharged its obligation under S. 192, proceedings under S. 201(1) and 201(1A) were to be quashed .(AY.2013-2014-15 )