TMI Blog2012 (8) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order has stayed the operation of judgment of Hon’ble Calcutta High Court. At the time of hearing, ld A.R. submitted that the said appeal is yet to be disposed of. In view of above and respectfully following the earlier decisions (supra), we set aside the orders of authorities below and restore the matter back to the file of AO for adjudication afresh as per the decision of Hon’ble apex Court in the case of Exide Industries Ltd (supra). - Decided in favor of assessee for statistical purposes. - ITA No.6189/Mum/2011 - - - Dated:- 8-8-2012 - SHRI B.R.MITTAL AND SHRI B.RAMAKOTAIAH, JJ. For the Appellant : Shri Vijay Mehta For the Respondent : Shri V.Krishmoorthy ORDER Per B.R.Mittal, JM: The assessee has f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther submitted that the department filed appeal against order of the Tribunal before the Hon ble Bombay High Court and Hon ble High Court vide its order dated 22.3.2010 (reported in 324 ITR 263) admitted the appeal on the issue of leave encashment as question of law and said appeal is pending. Ld A.R. further submitted that SLP before the Hon ble Apex Court against the order of Hon ble Calcutta High Court in the case of Exide Industries Ltd (supra) is still pending. Ld A.R. further submitted that Kolkata Benches of the Tribunal vide order dated 30.1.2012 in I.T.A. Nos.1376 1377/Kol/2010 and I.T.A. No.858/Kol/2011 in the case of S.R.Batliboi Associates vs. DCIT by following its earlier decision in the case of DCIT vs. M/s. Ernst Young ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, it is also a fact that Hon ble Bombay High Court has admitted the issue under consideration in the appeal filed by department in the case of Universal Medicare Pvt Ltd (supra). At the time of hearing, ld A.R. submitted that the said appeal is yet to be disposed of. We also observe that ITAT Kolkata Bench by its order dated 30.1.2012 considered the said issue and by following earlier decision on identical issue in the case Ernst Young Pvt Ltd. (supra) has restored the matter to the file of AO with a direction to adjudicate the same as per decision of Hon ble apex Court in the case of Exide Industries Ltd (supra). In view of above and respectfully following the earlier decisions (supra), we set aside the orders of authorities below and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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