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2020 (3) TMI 1308 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - HELD THAT:- It is an admitted fact that a similar question in had arisen and was decided in favour of the assessee in assessee's own case for the assessment year 89, 2010-11 and 2011-12 in assessee's own case, as was noticed by the Ld. CIT(A) in the impugned order. Further the facts of this issue are covered by the decision of the Hon'ble Punjab and Haryana High Court in assessee's own case for the assessment year 2006-07 also. In the circumstances we are of the considered opinion that the addition made by the assessing officer by invoking section 14A of the Act read with Rule 8D of the Rules cannot be sustained and the Ld. CIT(A) rightly deleted the same. No reasons to interfere with the reasoning given and conclusions reached by the Ld. CIT(A) on this aspect and therefore, the same is appended. Ground No. 1 of Revenue's appeal is, accordingly, dismissed. Completing the book profit under section 115 JB on account of provision for gratuity, leave encashment, post-Asst. Year: 2012-13 retirement medical benefits, LTC, baggage allowance etc. - HELD THAT:- As argued before us that the provision towards meeting definite liability to be discharged on a future date in respect of the present employees and the quantification of such liability on the basis of actuarial valuation and basing on the report is ascertained liability and not covered under explanation 1 (c) of second proviso to section 115 JB of the Act is further submitted that this issue has been covered by the addition of the Hon'ble Punjab and Haryana High Court for the Assessment Year 2002-03 in assessee's own case which has been followed consistently both by the Tribunal and the Ld. CIT(A) all through these years. There is no dispute that the decision of the Hon'ble Punjab and Haryana High Court for the Assessment Year: 2002-03 [2010 (10) TMI 1022 - ITAT DELHI] in assessee's own case covers this issue and such view of the Hon'ble High Court has consistently been followed by the Tribunal and the Ld. CIT(A). Unless and until there is change of circumstances, is not possible to take a different view on an issue covered by the decision of the Hon'ble High Court and also the Tribunal for earlier years. Computing book profits under section 115 JB of the Act on account of amortisation of leasehold land - There is no dispute that the decision of the Hon'ble Punjab and Haryana High Court for the Assessment Year: 2002-03 in assessee's own case covers this issue and such view of the Hon'ble High Court has consistently been followed by the Tribunal and the Ld. CIT(A). Unless and until there is change of circumstances, is not possible to take a different view on an issue covered by the decision of the Hon'ble High Court and also the Tribunal for earlier years. Disallowance in computing book profits under section 115 JB of the Act on account of amortisation of leasehold land - Assessing Officer disallowed the same stating that no rate of depreciation was prescribed either in the companies act or in the Income Tax Act, 1961 in respect of land - HELD THAT:- The submissions made before us could not be contradicted by the Revenue and more particularly the fact that this issue has been covered by the addition of the Hon'ble Punjab and Haryana High Court in assessee's own case for the Assessment Year: 2006-07 [2018 (4) TMI 47 - PUNJAB AND HARYANA HIGH COURT] in ITA No. 136/2015 by order dated 28/02/2018. Further it is also not in dispute that a view in consonance with the decision of the Hon'ble High Court has been taken by the Tribunal for the Assessment Years: 2004-05 to 2011-12. Eligible for deduction under section 80 IA only from adopted from generation and distribution of power and not from other income - HELD THAT:- CIT(A) followed the decision of the Tribunal and granted relief to the assessee. Assessee further places reliance on the addition of the Hon'ble Delhi High Court in the case of Pr. CIT vs. Bharat Sanchar Nigam [2016 (8) TMI 270 - DELHI HIGH COURT]. Disallowance of depreciation claimed by the assessee in respect of Teesta-V power station - HELD THAT:- DR submitted that remanding the issue to the file of the learned Assessing Officer to follow the decision of the Hon'ble Noida Medicare Centre limited [2015 (8) TMI 665 - DELHI HIGH COURT] would meet the ends of Justice. Recording the same we set aside the finding of the Ld. CIT(A) on this issue and remit the same to the file of the assessing officer to take a view in the light of the decision of the Hon'ble Apex Court in the case of Noida Medicare Centre limited (supra). Addition on account of income tax on perquisite borne by the assessee in respect of accommodation provided to its employees while computing the book profit under section 115 JB - HELD THAT:- Considering the fact that under identical facts and circumstances the Tribunal had taken a view in favour of the Asst. Year: 2012-13 assessee in assessee's own case for the Assessment Year: 2010-11 and 2011-12 while following the decision of the Mumbai Tribunal in the case of Rashtriya Chemicals and Fertilisers limited [2018 (3) TMI 1564 - ITAT MUMBAI] in the absence of any decision to the contrary by any higher forum, we hold the issue in favour of the assessee and direct the deletion of the addition made by the learned Assessing Officer on account of income tax on perquisite borne by the assessee in respect of accommodation provided to its employees while computing the book profit under section 115 JB of the Act.
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