TMI Blog2013 (6) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... l read as under: On the facts and circumstances of the case and law, the learned CIT(A) has erred in allowing relief to the assessee to the extent impugned in the grounds enumerated below: 1. The order of the CIT(A) is opposed to law and facts of the case. 2(a) On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in holding that the provision of ₹ 20,08,455/- made on account of leave salary shall be allowed as deduction as the provision was on the basis of actuarial estimation irrespective of the fact that allowance of such provision of expense is prohibited under the provisions of section 43B(f) of the I.T.Act. 2(b) On the facts and in the circumstances of the case and in law, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e aforementioned appeal. 3. At the outset Ld. AR of the assessee has produced before us a copy of order of the Tribunal dated 8/8/2012 in ITA No.6189/Mum/2011 in the case of Essar Exploration Production India Ltd. vs. ACIT, order dated 8/8/2012 , in which similar issue came up for consideration of ITAT. Before ITAT reference was made to the aforementioned decision in the case of M/s. Universal Medicare Pvt. Ltd. vs. ACIT(supra), and after hearing both the parties and considering the issue that in another matter in the case of Exide Industries Ltd. vs. Union of India, 292 ITR 470 (Cal), where provisions of section 43B(f) were held to be arbitrary and in Special Leave Petition before Hon ble Apex Court vide order dated 8/9/2008 the judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AC 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 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). 3.1 Referring to the above observation it was pleaded by Ld. A.R that the matter may be restored back to the file of AO with similar directions. 4. Ld. D.R did not have any objection to such request of Ld. A.R. 5. In this view of the situation, after hearing both the parties, respectfully following subsequent decision of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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