ITAT Chennai Allows Section 10(10B) Exemption on BSNL VRS-2019 Ex-Gratia Claimed at Appellate Stage
1. Background and Core Issue
In Shanmugasundar Vs ITO (ITAT Chennai), ITA No. 2960/CHNY/2026, the Chennai Bench of the Income Tax Appellate Tribunal examined two important questions arising from an ex-gratia payment received under BSNL’s VRS-2019 scheme for Assessment Year 2021-22:
- Whether an assessee can seek exemption under
section 10(10B)for the first time before the appellate authority, even though the claim was not made in the original return. - Whether the ex-gratia received under BSNL’s Government-approved VRS-2019 scheme qualifies as retrenchment compensation eligible for exemption under
section 10(10B).
The Tribunal ultimately ruled in favour of the assessee on both counts, holding that:
- The bar in
Goetze (India) Ltd. v. CIT, 284 ITR 323 (SC)applies only to theAssessing Officerand does not restrict the powers of appellate authorities. - Following earlier coordinate Bench rulings, ex-gratia received under BSNL VRS-2019 is to be treated as eligible for exemption under
section 10(10B).
2. Facts of the Case
2.1 Return Filing and Disclosure of Ex-Gratia
- The assessee, an individual, filed his return of income for AY 2021-22 on 29.11.2021.
- He declared a total income of
Rs.44,40,070/-. - This income figure included an ex-gratia amount of
Rs.38,23,242/-received fromBharath Sanchar Nigam Ltd. (BSNL)under itsGovernment approved VRS Scheme of 2019(BSNL VRS-2019). - The return was processed under
section 143(1)of theIncome Tax Act, 1961.
At this stage, the ex-gratia amount was treated as fully taxable by the assessee himself in the return.
2.2 Rectification Petition under Section 154
Subsequently, the assessee became aware of a favourable Tribunal decision where ex-gratia under the same BSNL VRS-2019 scheme was held to be exempt under section 10(10B).
- Relying on this coordinate Bench decision, the assessee filed an application under
section 154seeking rectification of the intimation undersection 143(1). - In the rectification petition, he requested exemption of the ex-gratia amount under
section 10(10B)on the ground that the nature of the payment fell within that provision.
However, the Centralized Processing Centre (CPC) did not accept this claim:
- The CPC passed an order under
section 154but did not grant the requested exemption undersection 10(10B).
2.3 Appeal before First Appellate Authority
Aggrieved by the CPC’s rectification order, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals), Addl./JCIT(A), Thane (referred to as “FAA”).
The FAA dismissed the appeal on the following reasoning:
- The assessee was putting forward a fresh claim which had not been made in the original return of income.
- Entertaining such a claim would, in the FAA’s view, effectively alter the returned income at the assessment stage.
- The FAA relied on
Goetze India Ltd. vs CIT [2006] 284 ITR 323 (SC)to hold that a fresh claim could not be entertained without a revised return.
Consequently, the FAA declined to grant any relief on the ex-gratia amount.
2.4 Appeal before ITAT Chennai
The assessee then challenged the FAA’s order before the ITAT Chennai. The appeal raised two connected issues:
- Procedural: Whether the FAA was justified in rejecting the claim on the ground that it was a fresh claim not made in the return, in light of
Goetze (India) Ltd. v. CIT. - Substantive: Whether the BSNL VRS-2019 ex-gratia qualifies for exemption under
section 10(10B)as retrenchment compensation.
3. Tribunal’s Analysis on Procedural Aspect
3.1 Scope of Goetze (India) Ltd. Decision
The ITAT first addressed the procedural objection raised by the FAA.
The FAA had cited Goetze (India) Ltd. v. CIT, [2006] 284 ITR 323 (SC) to justify refusing the claim on the basis that it was not made in the original return and no revised return had been filed.
The Tribunal clarified the correct scope of the Supreme Court ruling: