For Information:
1.In this case Bombay HC has held that, Optional Early Retirement
Scheme of RBI satisfies all the conditions of Rule 2BA and amounts
received by retiring employees thereunder were for
exemption u/s 10 (10C).
Income Tax exemption granted to RBI OERS optees under Sec.10(10)C
was,the same one availed by SVRS optees of all Banks.
'Clause (10C) of section 10 of the Income-tax Act, 1961, deals with
income-tax exemption on payments received at the time of voluntary
retirement. The provisions of this clause which covered earlier only
the payments received by employees of public sector companies have
been amended by the Finance Act, 1992,w.e.f.1.4.1993, to include
therein the payments received by employees of companies other than
public sector companies also.
Under the amended provisions of this clause, the payments on account
of voluntary retirement are to be exempt from income-tax only if the
schemes governing the said payments are in accordance with the
guidelines prescribed in this behalf.
The guidelines for the purposes of section 10(10C) of the Income-tax
Act have been laid down in the Income-tax Rules, 1962, by inserting a
new rule 2BA therein. The guidelines provide that the scheme of
voluntary retirement framed by a company should be in accordance with
the following requirements, namely :—
'(i) it applies to an employee of the company who has completed
ten years of service or completed 40 years of age;
(ii) it applies to all employees (by whatever name called),
including workers and executives of the company excepting Directors of
the company;
(iii) the scheme of voluntary retirement has been drawn to result in
overall reduction in the existing strength of the employees of the
company;
(iv) the vacancy caused by voluntary retirement is not to be filled
up, nor the retiring employee is to be employed in another company or
concern belonging to the same management;
(v) the amount receivable on account of voluntary retirement of the
employees, does not exceed the amount equivalent to one and one-half
months’ salary for each completed year of service or monthly
emoluments at the time of retirement multiplied by the balance months
of service left before the date of his retirement on superannuation.
In any case, the amount should not exceed rupees five lakhs in case of
each employee; and
(vi) the employee has not availed in the past the benefit of any
other voluntary retirement scheme.'
It can be observed that if any exit scheme comes within the purview of
above guidelines, may have the benefit of 10(10)c.
On Feb 8, 4:01 am, tvj krishnan <
tvjkrish...@yahoo.com> wrote:
> Dear Members
>
> In continuation to my above mail, please note that SBI Pensioners'Association,
> Mumbai Circle (Pune) has mentioned the following:
>
> Order issued by CBDT in respect of exemption under I.Tax Act for ex-gratia
> payment under 'OERS' for RBI employees - which may be (repeat may be)
> applicable for our Exit-optees
>
> The link for the order is:
>
>
http://sbipensionerspune.org/next%20final%20pages/download%20files/Ex...
>
> I am sure that this will be of use.
>
> Yours
> Jayakrishnan T.V.
>
> ________________________________
> From: tvj krishnan <
tvjkrish...@yahoo.com>
> To:
bankpe...@googlegroups.com
> Sent: Tue, 8 February, 2011 9:39:03 AM
> Subject: Re: bankpensioner SBI VRS
>
> Dear Shri Venkat Rao
>
> At present I do not have required circular. I will get it as soon as I go to
> my native place on 23rd Feb.
>
> Yours
> Jayakrishnan
>
> ________________________________
> From: venkat rao <
venkatra...@yahoo.co.in>
> To:
bankpe...@googlegroups.com
> Sent: Tue, 8 February, 2011 9:10:56 AM
> Subject: Re: bankpensioner SBI VRS
>
> Mr.. Jayakrishnan,
> Please inform me about theIT relief got by exit option retirees of SBI along
> with copy of any circular in the matter.
> Thanking you,
> Yours faithfully,
> Venkatrao.H
>
> ________________________________
> From: tvj krishnan <
tvjkrish...@yahoo.com>
> For more options, visit this group athttp://
groups.google.com/group/bankpensioner?hl=en-GB.