This is a sample letter, you have to change it

NOTE- 1.Revise the yellow segment as per your data

2. Attach the Blue segment documents
To
Income Tax Department - CPC,
Post Bag No - 1, Electronic City Post Office,
Bengaluru - 560100, Karnataka
Sub: Filing of Income Tax return for the Assessment year 2014-15 with refund of Rs
28280.
Respected sir,
Please find attached ITR-V for the assessment year 2014-15 with refund payable of Rs 28280.
I would like to draw your kind attention to the following few points on the above subject matter.
On 06.11.2013 NTPC introduced a Pension scheme NTPC Defined Contribution Pension
Scheme-2007 w.e.f. 01.01.2007 vide CC HR circular no 738/2013. (Copy attached)
The above scheme is managed as an Approved Superannuation Fund through a trust.
(Copy of approval attached).
Contribution to the scheme has two parts;
(1)Employers (NTPC) contribution as per DPE guideline. Contributions of past years are
given below. (Copy attached)
Year

NTPCs Contribution
in % of Salary
(Basic Pay +DA)

Employers
Contribution gross
amount in rupees

Amount
exceeding Rs
100000

2006-07

10.69

17895

2007-08

10.91

74880

2008-09

10.31

80382

2009-10

11.09

100548

2010-11

8.79

92271

2011-12

9.77

114978

14978

2012-13

9.73

126573

26573

2013-14

10.34

149412

49412

548

Total

91511

(2) Members (Employee) contribution Mandatory 1% of Salary (BP+DA).

Pension Payable: Pension would be payable in the form of Annuity. Annuity Purchase
price would equal to the Accumulated Corpus (NTPCs contribution + Employees
Contribution).
Pension Benefit: As per circular 738/2013 the annuity from NTPCs contribution shall
be payable only on the following conditions
(1)Superannuation (including VRS) with minimum 15 years of service in the company
(including any CPSE). Present age of superannuation is 60 years.
(2)Death while in service.
(3) Total permanent disablement

Pension Benefit in case of Resignation: as per the section 8.4 of circular:

In case of separation of a employee on account of resignation, termination,
dismissal / removal etc, payment of pension benefit shall be computed based on
Members contribution only, if any, and interest accrued thereon

As per above section till an employee attains the age of Superannuation (60years) the
Employers (NTPC) contribution towards NTPC DCPS2007 does not vest in the employee.
At best he has a contingent right therein. On the above ground section 17(2)vii of Income
Tax is not be applicable to the Employers (NTPC) contribution to the Pension scheme
NDCPS2007.

My observation is based on the following Decisions.

(i)The Supreme Court in CIT vs L.W.Russel AIR SC 49, 1964
(ii)Delhi High court in CIT vs Mehar singh Sampuran Singh Chawla [1973] 90 ITR 219(Delhi)
(iii)Delhi High court in Yoshio Kubo Vs Commissioner of Income Tax (2013)
(iv) Authority for Advance Rulings (Income Tax) in AAR no 964 of 2010 dated 9th May
2014 in the case of Royal Bank of Scotland.
(v) Income Tax Appellate Tribunal Hyderabad M/s Andhra Bank, Hyderabad vs

Department Of Income Tax on 16 July, 2014

So the above amount of Rs 91511 (Rupees ninety one thousand five hundred
eleven only) is not to be added to Taxable Gross salary as perquisite u/s 17(2).

Whereas my employer NTPC Ltd has bifurcated the above Rs 91511 in to two parts

(1) Part-1: Out of total Rs 91511 only Rs 40601 is added to gross salary as Taxable perquisite
u/s 17(2) as per data given in Form-12BA (Copy attached).
(2) Part-2: Balance Rs 50910 is added to Salary component (section 17(1)) of Gross Salary.
So accordingly I reduced my Gross Total income by Rs 91511 from Rs 2692360 (as stated in
Form 16B) to Rs 2600849. It resulted in Refund payable of an amount Rs 28280 (Rupees
twenty eight thousand two hundred eighty only).
With regards,
(Ram Lal)
PAN no. xxxxxxxxxxx

Sr.Mgr, NTPC Ltd,

Thermal Power Station,
P.O.-xxxxxxxxxxxxxx
Dist xxxxxxxx, State-xxxxxxxxxxx, email: xxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxx

Mob : xxxxxxxxxxxxxxx
Phone: xxxxxxxxxxxxxx

Attachments:
(1) Form-16 both part-A & B including Form-12BA Financial year 2013-14
(2) Pension contribution statement of the scheme NDCPS2007
(3) Copy of Approval of NTPC DCPS trust
(4) CC HR circular no 738/2013 on NDCPS2007

############END OF SAMPLE COVERING LETTER################

How to file Revised Return of Income Tax for refund of Income tax on Employer Pension Perk

https://www.facebook.com/groups/396274040563081/400374026819749/

Attachment at sl 1& 2 are available in ESS.

Attachments at sl 3&4 are available in CC-Intranet or in the following links.

https://www.facebook.com/groups/396274040563081/401167690073716/

https://www.facebook.com/groups/396274040563081/401168073407011/

Web links of court cases

You may go through the detail

(i)The Supreme Court in CIT vs L.W.Russel AIR SC 49, 1964

http://indiankanoon.org/doc/1990539/

(ii)Delhi High court in CIT vs Mehar singh Sampuran Singh Chawla [1973] 90 ITR 219(Delhi)
http://indiankanoon.org/doc/427384/

(iii)Delhi High court in Yoshio Kubo Vs Commissioner of Income Tax (2013)

http://indiankanoon.org/doc/56578400/

(iv) Authority for Advance Rulings (Income Tax) in AAR no 964 of 2010 dated 9th May
2014 in the case of Royal Bank of Scotland.
http://aarrulings.in/it-rulings/uploads/pdf/1400137046_964-royal-bank-of-scotland.pdf

(v) Income Tax Appellate Tribunal Hyderabad M/s Andhra Bank, Hyderabad vs

Department Of Income Tax on 16 July, 2014

http://indiankanoon.org/doc/49149545/