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Sudarsan Sarkar Vs. ITO Ward-52(1), Kolkata & other connected matters

Case No: ITA Nos.1607, 2258 & 2265-2266/Kol/2026
Court: Income Tax Appellate Tribunal 'SMC' Bench, Kolkata
Date: 9/9/2026

Parties Involved

appellantSudarsan Sarkar
respondentITO, Ward-52(1), Kolkata
appellantSwapan Kumar Naskar
respondentITO, Ward-52(1), Kolkata
appellantNazrul Haque Mirdah
respondentITO, Ward-2(1), Bardhman

Facts Summary

The appellants are ex-employees of BSNL who were recruited as DoT in the position of Junior Telecom Officer and subsequently deputed to BSNL. Upon the formation of BSNL, the employees were forced to work in BSNL on a deemed deputation basis. The employees were absorbed in BSNL as per a Presidential Order dated 28th Nov 2005. BSNL launched the Voluntary Retirement Scheme (VRS) 2019 to right-size its workforce by offering a golden handshake package including Pension Ex Gratia and others. The appellants received compensation under this scheme but did not claim any exemption in their returns due to lack of awareness regarding the exemption available under section 10(10B) of the Income Tax Act, 1961.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the compensation received under BSNL VRS-2019 is eligible for exemption under section 10(10B) of the Income Tax Act, 1961?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

3 precedents cited in this judgement.

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Sudarsan Sarkar Vs. ITO Ward-52(1), Kolkata & other connected matters | ITA Nos.1607, 2258 & 2265-2266/Kol/20… | Opakhya