Vide internal circular F. No. 184/7/2003-ITA.I dated March 4, 2004, CBDT has directed to file SLP. the relevant extracts are as follows:
"The issue as to whether relief under Sec. 89 would be eligible for amount of compensation under voluntary retirement scheme in excess of limits of exemption provided under Sec. 10(10C) of the Income-tax Act, 1961 has been considered in the Board in consultation with Ministry of Law in view of the judgement in the case of CIT v M. Raman (245 ITR). The Ministry of Law advised filing of an SLP in the case and accordingly Special Leave Petition (SLP) against the said judgement has been filed to Hon'ble Supreme Court." This may kindly be brought to the notice of all the officers working in your region.
Is there a way out to find out the status of this SLP?
Against the judgement of the Madras High Court in Commissioner of Income-tax v. M. Raman 245 ITR 856 (MAD) dated March 4, 1997 the Dept filed a SLP. That SLP was dismissed on 05/12/2003 on the ground of delay. The order is herewith:
QuoteSLP(C)... 10192 OF 2003
ITEM No.14 Court No. 1 SECTION IIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal(C)..CC...10192/2003
(From the judgement and order dated 04/03/1997 in TC 292/84
of The HIGH COURT OF MADRAS)
COMMNR. OF INCOME TAX, BANGALORE Petitioner (s)
VERSUS
M. RAMAN Respondent (s)
I.A.No.1(Appln. for condonation of delay in filing SLP)
Date : 05/12/2003 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S. RAJENDRA BABU
HON'BLE MR. JUSTICE G.P. MATHUR
For Petitioner (s) Mr. K.N. Raval, Solicitor General
Mr. Ranbir Chandra, Adv.
Mr. B.V. Balaram Das,Adv.
For Respondent (s)
UPON hearing counsel the Court made the following
O R D E R
The Special leave petition is dismissed on the ground of delay.
( Meenu Sethi )
Court Master
( Om Prakash )
Court Master
Hope this helps you.
Regards,
Ashutosh