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2021 (11) TMI 138 - ITAT KOLKATADeduction of educational Cess (including Secondary & Higher Education Cess) - Admission of additional ground -.DR opposing the additional ground of appeal of the assessee contended that the assessee has not claimed deduction of Cess before the AO and therefore, should not be allowed - HELD THAT:- Hon'ble Bombay High Court in the case of M/s. Sesa Goa Ltd. [2020 (3) TMI 347 - BOMBAY HIGH COURT].and Chambal Fertilizers & Chemicals Ltd. [2018 (10) TMI 589 - RAJASTHAN HIGH COURT] have held that educational Cess is an allowable expense. Thus we allow this additional ground of appeal and direct the AO to allow deduction of educational Cess (including Secondary & Higher Education Cess) in the revised computation of income. Addition of provision made for leave encashment in the current assessment year on the basis of actuarial valuation - HELD THAT:- Hon'ble Supreme Court has decided this issue against the assessee in the case of UOI Vs. Exide Industries Ltd .[2020 (4) TMI 792 - SUPREME COURT].we are inclined to uphold the order of the Ld. CIT(A) and dismiss this ground of appeal of the assessee.
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