TMI Blog2018 (9) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... , AR ORDER PER D.S. SUNDER SINGH, Accountant Member: These appeals are filed by the revenue against the order of the Commissioner of Income Tax(Appeals) [CIT(A)]-11,Hyderabad vide Appeal No.237 238/2017-18/DCIT C-1 ELR/CIT(A)-11Hyd/17-18dated 31.01.2018 and Cross Objections are filed by the assessee supporting the order of the Ld.CIT(A) for the assessment year 2012-13 and 2013-14. Since the grounds raised in the appeals are common, these appeals are heard together and a common order is being disposed of for the sake of convenience as under. 2. All the grounds of appeal are related to the disallowance of payment of ₹ 50,00,000/- for the assessment year 2012-13 and 2013-14 by the Assessing Officer (AO) u/s 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cceptable. 4. Aggrieved by the order of the AO, the assessee went on appeal before the CIT(A) and the Ld.CIT(A) deleted the addition following the order of this Tribunal in assessee s own case in ITA Nos.49, 50, 78, 476/Viz/2012, 515,524/Viz/2014, 269/Viz/2014 CO 33/Viz/2013 CO 29/Viz/2015 and allowed the appeal of the assessee holding that the assessee is entitled for deduction for payment of gratuity to LIC on actual payment basis. For the sake of clarity and convenience, we extract relevant part of the order of Ld.CIT(A) which reads as under : 4.4. Upon search of the official website of the ITAT, namely,www.itat.gov.in. the order of ITAT, Visakhapatnam dated 25/01/2018 in ITA Nos. 49,50,78,476/VizagJ2012, 515,524/Vizag/2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pectfully following the view taken by the coordinate benches, we hold that the assessee is entitled for the deduction for payment of gratuity to LIC and accordingly, we set aside the order of the lower authorities and allow the appeal of the assessee. 4.5 Respectfully following the latest decision of ITAT, Visakhapatnam, in assessee's own case, referred to supra, the Assessing Officer is directed to delete the disallowance of ₹ 50,00,000/- each for AYs 2012-13 2013-14 respectively. 4.1. Since the facts are identical, and Ld.CIT(A) allowed the appeal of the assessee following the order of this tribunal respectfully following the view taken by this Tribunal in the assessee s own case cited supra, we direct the AO to al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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