Allowing the appeal of the assessee the Court held that Voluntary Retirement Scheme was put to judicial scrutiny in view of Rule 2BA.In CIT v. Koodathil Kallyatan Ambujakshan (2008)219 CTR 80 /( 2009) 309 ITR 113 (Bom) (HC), held that exemption u/s 10(10C) was applicable to employees, who took benefit of Scheme framed by RBI. Against said order no appeal was preferred by Department and hence, same had attained finality. Accordingly the assessee is eligible for exemption u/s 10(10C) and Rule 2BA could not exceed provisions of Act. Also relied Chandra Ranganathn  & Co v .CIT dt.  21-10 -2009 CA.NO 6997 -7002 of 2009 (SC).