TMI Blog2012 (9) TMI 1165X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER S.V. Mehrotra, This is an appeal filed by the Revenue against the order dated 12.02.2009 of CIT (A)-XIII, New Delhi relating to assessment year 2005-06 on following grounds of appeal: 1. On the facts and circumstance of the case and in law, the CIT (A) is wrong, perverse, illegal and against the provisions of law which is liable to be set aside. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of catering and outdoor catering supplies, Forex Trading and Air Ticketing. 3. The assessee had filed its return of income declaring income of ₹ 5,13,48,439/-. The Assessing Officer noticed that in the notes to the computation of income, the assessee had pleaded that provision for leave encashment though had been added back in view of the provisions u/s 43B of I.T. Act, its claim w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in assessee s own case for assessment year 2006-07 vide ITA No. 4892/Del/2009 dated 18th February, 2011, wherein Tribunal has restored the matter to the file of Assessing Officer to consider this issue in the light of Hon ble Apex Court s decision in the case of Bharat Movers (2000) 245 ITR 428. 7. We have considered the rival submissions and have perused the record of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn of income or by filing the revised return of income. However, Ld. CIT (A) has allowed the claim by referring the Hon ble Apex Court decision on merits without considering the Assessing Officer s objection in this regard. However, in our considered opinion, the tribunal is empowered to consider this issue. Accordingly, we allow the assessee to raise this issue. We, therefore, remit this issue to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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