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TMI Blog2019 (9) TMI 1182X X X X Extracts X X X X X X X X Extracts X X X X ..... llant and learned counsel representing the department. The following common questions of law arise in all the three appeals: "A. Whether, the Income Tax Appellate Tribunal is correct in upholding the disallowance made by the Assessing officer u/s 40(a)(ia) of the Income Tax Act on account of non - deduction of tax at source u/s 194A of the Act on interest payable to Prasar Bharti by the appellant assessee? B. Whether, the Income Tax Appellate Tribunal has upheld the said disallowance so made under section 40(a)(ia) of the Act by failing to appreciate the fact that payments were never made to Prasar Bharti with respect to interest, rather only provisions were made in the books of accounts for unforeseen future liability and the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the above facts, he disallowed the above sum of Rs. 23797880/-. The assessee challenged the same before the learned CIT - A. He confirmed the above disallowance. 49. The learned authorised representative relied upon the decision of the Hon'ble Calcutta High Court whereas the learned authorised representative relied upon the order of the learned CIT - A. 50. We have carefully considered the rival contention and find that the decision of the Hon'ble Calcutta High Court based on which the assessee has claimed deduction of the leave encashment expenditure has been stayed by the Hon'ble Supreme Court. As the provisions of section 43B (f) of the income tax act is very clear. Therefore, we upheld the disallowances of leave en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ........... (e)................. (f) any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee, or (g)................... shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him : Provided that nothing contained in this section shall apply in relation to any sum which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous ..... X X X X Extracts X X X X X X X X Extracts X X X X
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