TMI Blog2020 (11) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... xpenditure is certain and has arisen in the previous year ended in 31st March 2004 - HELD THAT:- The above substantial questions of law have to be answered against the appellant/assessee in the light of the decision of the Hon'ble Supreme Court in the case of Union of India and others vs. Exide Industries Limited [ 2020 (4) TMI 792 - SUPREME COURT] . The High Court of Kerala in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal' for brevity) in I.T.A.No.1736/Mds/2014 for the Assessment Year 2004-05. The appeal has been filed, raising the following Substantial Questions of Law: 1. Whether, on the facts and in the circumstances of the case, The Tribunal was right in law in holding that the assessee was not eligible to claim the provision for a loss which it had incurred during the course of business and which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other Vs. Union of India Others 292 ITR 470. 2. We have heard Mr. Venkatanarayanan, learned counsel for the appellant/assessee and Mr.T.Ravikumar, learned Senior Standing counsel for the respondent/Revenue. 3. It is not disputed by the learned counsel appearing for the assessee that the above mentioned Substantial Questions of Law have been answered against the assessee by the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irement (or otherwise) of the employee, an employer may simply refuse to pay. Consequently, the innocent employee will be entangled in litigation in the evening of his/her life for claiming a hard-earned right without any fault on his part. Concomitantly, it would entail in double benefit to the employer - advance deduction from tax liability without any burden of actual payment and refusal to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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