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2020 (11) TMI 575 - HC - Income TaxClaim the provision for leave encashment u/s.43B - Tribunal order holding that the Assessee was not eligible to claim the provision for leave encashment which has been determined scientifically and accurately based on actuarial valuation, and the incurring of expenditure is certain and has arisen in the previous year ended in 31st March 2004 - HELD THAT:- The above substantial questions of law have to be answered against the appellant/assessee in the light of the decision of the Hon'ble Supreme Court in the case of Union of India and others vs. Exide Industries Limited [2020 (4) TMI 792 - SUPREME COURT]. The High Court of Kerala in the case of South Indian Bank Ltd [2014 (2) TMI 1080 - KERALA HIGH COURT] also held that deduction for leave encashment is allowable only on actual payment. Substantial Questions of Law framed for consideration has to be necessarily answered against the appellant/assessee
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