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2012 (8) TMI 186 - AT - Income TaxProceedings u/s 263 of the Act - disallowance of unpaid leave encashment by invoking the provisions of sec.43B(f) of the Act Held that - Operation of the decision of the Hon ble Kolkata High Court referred to by the assessee in the case of M/s. Exide Industries Ltd. & Anr. In support of its case has been stayed by the Hon ble Supreme Court - Supreme Court has observed that assessee would during the pendency of this Civil Appeal pay tax as if section 43B(f) is on the Statute Book but at the same time it would be entitled to make a claim in its returns - assessing officer is directed to add back to the total income being encashment of earned leave not paid by the due date u/s 43B
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