IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 ITA.No. 924 of 2009() --------------------- ITA.425/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT: ------------------------------ THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- K.BALAKRISHNAN, `SHANTHIKRISHNA', XI/1381, AMBALAPADY, WANDOOR, MALAPPURAM-679 328. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ALONG WITH ITA NO.944/2009 & CONN. CASES ON 07/09/2009, THE COURT ON 07/09/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal Nos.924,944,977,984,1044, 1089,1093,1157,1159 & 1498 of 2009 .................................................................... Dated this the 7th day of September, 2009. JUDGMENT Ramachandran Nair, J. Connected Income Tax Appeals are filed by the Revenue against orders of the Tribunal holding that respondents-assessees who are retired Reserve Bank employees, got release from service under Voluntary Retirement Scheme, are entitled to exemption upto Rs.5 lakhs covered by Section 10(10C) of the Income Tax Act. Standing Counsel submitted that the respondents are not entitled to the benefit because the terms of payment under the scheme are not consistent with Rules framed under Rule 2BA of the Income Tax Rules. However, on going through Tribunal's orders we find that the Tribunal has considered the terms of VRS and found that the terms substantially comply with the requirement of the Rules. We are of the view that the findings of the Tribunal are on facts in as much as the Tribunal found that the terms of retirement satisfied the condition of the Rules. We, 2 therefore, do not find any substantial question of law arising from the order of the Tribunal and dismiss all the appeals. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms