JUDGMENT V. Gopala Gowda, J.— Heard the learned Counsel for the parties. 2. We are in respectful agreement with the view taken by the learned single judge see [2007] 290 ITR 227 (Karn) The observation made at paragraphs 26, 27, 30 with reference to Section 147 are confined to the facts situation of the present case and it shall not be treated as a binding precedent. None of the grounds warrants interference with the order of the learned single judge. The appeal must fail. 3. Accordingly, this appeal is dismissed. 4. The return filed by the respondent shall be processed and the amount which is deducted by his employer at the time of payment of voluntary retirement amount shall be refunded allowing the benefit under Section 89 read with Section 10(10C) of the Income Tax Act, within two weeks from today.