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2015 (10) TMI 1506 - ITAT DELHI

2015 (10) TMI 1506 - ITAT DELHI - TMI - Addition on account of provisions for gratuity and leave encasement - CIT(A) deleted the addition - Held that:- In the present case, the assessee by way of scientific methodology had established that the impugned provisions were recognized by using a substantial scientific methodology and estimation which was also certified by an actuarial specialist. In this situation, the provision for gratuity and leave encashment made by the assessee are held to be ful .....

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rg, JM,JJ. For the Appellant : Shri Ramesh Chandra, CIT DR & Shri B R R Kumar, Sr. DR For the Respondent : Shri V P Gupta, Adv. ORDER Per Shri C M Garg, JM. This appeal has been preferred by the Revenue against the order of the Commissioner of Income Tax (Appeals)-X, dated 12/07/2013 in appeal no. 13/2011-12 for A.Y. 2008-09 and dated 21/08/2013 passed u/s 154 of the Act. 2. The sole ground raised by the Revenue reads as under: "The ld. CIT(A) has erred in law and on the facts and circu .....

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Act, 1961 (for short the Act). 4. The ld. Departmental Representative (DR) pointed out that the CIT(A) in his order dated 21/08/2013 passed u/s 154 of the Act deleted the addition made on account of provision for Gratuity and leave encashment on unjustified and incorrect premise. Therefore, the same may be set aside by restoring that of the AO on this issue. 5. The ld. Counsel of the assessee drawn our attention towards order of the CIT(A) passed u/s 154 of the Act (supra) and submitted that the .....

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ecision of Hon ble Supreme Court in the case of Rotork Controls Ltd. vs. CIT, 314 ITR 62 (SC). The ld. Counsel pointed out that the CIT(A) in the original order dated 12/07/2013 dismissed the ground no. 2 of the assessee ignoring the relevant facts of the case which was subsequently rectified by passing impugned order u/s 154 of the Act and the same is sustainable. 6. On careful consideration of above submissions from the order of the CIT(A) passed u/s 154 of the Act, we observe that the CIT(A) .....

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s aspect has also been mentioned itself in the body of the appellate order. In view of these facts, the issue is clearly covered in favour of the appellant by the decisions of Rotork Controls Ltd. 314 ITR (SC) and, therefore, it appears to be a mistake apparent from record. 3. After considering the rectification application of the AR as well as the details in the appellate order, it appears that through oversight this aspect has not been adjudicated by considering this fact which is also mention .....

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