Income Tax
ITAT Lucknow Grants Income Tax Exemption on BSNL Voluntary Retirement Scheme Compensation
Originally reported by Taxguru as: Income Tax | BSNL VRS Ex Gratia of ₹14.79 Lakh Exempt: ITAT Lucknow
30 Oct 2026, 5:43 pm IST · Xecute.finance News Desk
The crisp read
The Lucknow bench of the ITAT permitted an income tax exemption of ₹14,79,424 for an ex gratia payment received under the BSNL voluntary retirement scheme. This decision relies on an existing precedent set by the Madras High Court. However, the ruling left the separate question of leave encashment undecided.
Xecute Impact Breakdown
For CAs
- The Lucknow bench of the Income Tax Appellate Tribunal permitted a tax exemption of ₹14,79,424 for an ex gratia amount received under the Bharat Sanchar Nigam Limited voluntary retirement scheme. This judicial decision draws directly upon a precedent previously established by the Madras High Court. The distinct matter regarding the taxation of leave encashment was not separately adjudicated by the bench during this proceeding.
For businesses
- An ex gratia amount of ₹14,79,424 received under the Bharat Sanchar Nigam Limited voluntary retirement scheme received a permitted tax exemption by the Lucknow bench of the Income Tax Appellate Tribunal. Qualified ex gratia payments under approved schemes receive protective tax treatment based on high court jurisprudence for similarly situated public sector workers. The update does not state any specific deadlines or actions.
Deep dive - the full story
The Lucknow bench of the Income Tax Appellate Tribunal permitted a tax exemption of ₹14,79,424 for an ex gratia amount received under the Bharat Sanchar Nigam Limited voluntary retirement scheme. This judicial decision draws directly upon a precedent previously established by the Madras High Court. Meanwhile, the distinct matter regarding the taxation of leave encashment was not separately adjudicated by the bench during this proceeding. Voluntary retirement scheme payouts compensate employees relinquishing their positions before official retirement age, and specific statutory thresholds under tax laws govern their exemption status to cushion employment transition.
Historically, assessing officers frequently scrutinized these receipts, leading to prolonged litigation between taxpayers and revenue authorities over specific exclusion limits. The judicial intervention clarifies that qualified ex gratia payments under approved schemes receive protective tax treatment, transitioning the older administrative stance that often challenged such relief into a settled application of high court jurisprudence for similarly situated public sector workers. Tax professionals and chartered accountants should review ongoing client litigation involving public sector undertaking separation packages to claim corresponding exemptions where applicable.
Practitioners must carefully segregate ex gratia receipts from other terminal benefits like leave encashment, since the latter remains undetermined by this specific ruling. Monitor upcoming judicial clarifications regarding leave encashment treatments to ensure complete compliance; ultimately, securing correct documentation protects clients from unwarranted tax liabilities on separation payouts.
Source: taxguru.in
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