George Mathan, J.M.:— This is an appeal filed by the assessee against the order passed by the ld. Commissioner of Income Tax (Appeals)-XIV, Kolkata in Appeal No. 395/CIT(A)/XIV/08-09 dated 18.12.2012 for the assessment year 2006-07.
2. Shri Rohit Shukla, F.C.A., represented on behalf of the assessee and Shri Sanjay, ACIT, Sr. D.R., represented on behalf of the Revenue.
3. At the time of hearing, it was submitted by the ld. A.R. that the assessee is an employee of Tata Consultancy Services Limited. The assessee had been sent to U.S.A. on tour. The assessee was paid living allowances which the assessee claimed as exempt under section 10(14) of the Act. It was the submission that the Assessing Officer had disallowed the assessee's claim of exemption under section 10(14) and consequently brought to tax of Rs. 10,63,622/- being living allowances received by the assessee. It was the submission that on appeal, ld. CIT(Appeals) held that under section 10(14) living allowance was allowable to the assessee but however, restricted the allowance to 50%. It was the submission that the issue was squarely covered by the decision of the Coordinate Bench of this Tribunal in the case of other TCS employees in ITA Nos. 915 to 919 of 2010 dated 30.09.2011.
4. In reply, ld. Sr. D.R. vehemently supported the order of the ld. CIT(Appeals). It was the submission that the living allowance was disproportionately higher compared to salary and the order of the ld. CIT(Appeals) in restricting the allowance to 50% was liable to be upheld.
5. We have considered the rival submissions. As it is noticed that the issue was squarely covered by the decision of the Coordinate Bench of this Tribunal in the case of other TCS employees as referred to supra, respectfully following the decision of the Coordinate Bench of this Tribunal in ITA Nos. 915 to 919/Kol/2010 dated 30.09.2011, the finding of the ld. CIT(Appeals) stands modified and the Assessing Officer is directed to grant the assessee benefit of section 10(14) claimed by the assessee in respect of the living allowances in full.
6. In the result, the appeal filed by the assessee stands allowed.