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2012 (8) TMI 910 - ITAT MUMBAIDisallowance of provision for encashment of leave - Held that:- Tribunal allowed the claim of provision for leave encashment on the basis of decision of Hon’ble apex Court in the case of Bharat Earth Movers (2000 (8) TMI 4 - SUPREME Court ) as the Hon’ble Calcutta High Court in the case of Exide Industries (2007 (6) TMI 175 - CALCUTTA High Court ) struck down the provision of section 43B(f) being arbitrary, unconscionable. Further, the department filed SLP before Hon’ble apex Court against the decision of Hon’ble Calcutta High Court in the case of Exide Industries Ltd (2008 (9) TMI 921 - SUPREME COURT) by its order has stayed the operation of judgment of Hon’ble Calcutta High Court. At the time of hearing, ld A.R. submitted that the said appeal is yet to be disposed of. 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). - Decided in favor of assessee for statistical purposes.
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