Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 276 - ITAT KOLKATARevision u/s 263 - error in the order of the A.O. passed u/s 143(3) in allowing the claim of the assessee for “provision for wage revision” - Held that:- The order of the Ld. CIT passed u/s 263 on the issue of “provision for wage revision” having already been set aside by the Tribunal restoring the order of the A.O. passed originally u/s 143(3) on this issue, the fresh assessment order passed by the A.O. u/s 143(3)/263 on this issue has become infructuous and there is no infirmity in the impugned order of the Ld. CIT(A) allowing the appeal of the assessee against the order passed by the A.O. u/s 143(3)/263 on this issue. Ground No. 1 of the revenue’s appeal is accordingly dismissed. Provision for leave encashment u/s 43B - Held that:- As per the proviso to section 43B(f) of the Act, any sum actually paid by the assessee on account of leave encashment on or before the due date of filing the return of income should be allowed as deduction. Keeping in view this decision of the Tribunal [2017 (5) TMI 1611 - ITAT KOLKATA], the Ld. CIT(A) vide his impugned order directed the A.O. to verify the claim of the assessee of having paid the amount of leave encashment to the extent of ₹ 57,87,806/- before the due date of filing of return of income for the year under consideration and allow deduction to the extent of such payment. No infirmity in the impugned order of the Ld. CIT(A) in giving the said direction to the A.O. on this issue and upholding the same, we dismiss ground no 2 of revenue’s appeal.
|