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2015 (3) TMI 402 - HC - Income TaxRevision u/s 263 - payment of gratuity - disallowance u/s 43-B - Whether there existed any figure like ₹ 7,35,787/-, which formed the basis of discussion by CIT(A) in its order passed u/s 263 which was considered in the context of Section 43-B of Act, 1961? - Held that:- Before Tribunal the assessee specifically raised an issue that this figure of ₹ 7,35,787/- is not traceable and let it be known to him as to wherefrom this figure has come. When we required learned counsel for the appellant to show whether there existed any such figure in any of the document, he fairly admitted that atleast from the record he had seen, he could not lay his hand on existence of such amount. He also could not dispute that there is nothing on record to show that assessee ever claimed deduction of ₹ 7,35,787/- as provident fund. Thus it is evident that Commissioner of Income Tax while discussing the question of disallowance of ₹ 7,35,787/-, under Section 43-B of Act, 1961, has considered the matter relating to an amount which did not exist at all and before this Court also it could not be shown to have existed. This shows a total non-application of mind on the part of Commissioner. The view taken by Tribunal in favour of assessee, therefore, cannot be faulted. - Decided in favour of assessee.
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