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2014 (9) TMI 628 - ITAT DELHILeave encashment u/s 43B – Held that:- In assessee’s own case for the earlier assessment year, Apex Court has categorically held that the assessee may pay tax and thereafter make the claim in its return which has been done as such the same is allowable - No doubt the position on facts was influx during the time when the return was filed however with the passage of time the position on facts qua the issue under consideration would have crystallized - Consideration of these relevant facts heeding to the request of the revenue that qua the provisions it is necessary to see what amount was actually paid as per the HR policy of the assessee, the issue is restored to the AO who shall necessarily take into consideration the decision of the Apex Court wherein the SLP is pending – thus, the matter is remitted back to the AO for fresh adjudication – Decided in favour of assessee. Treatment of expenses on repair of plant and machinery – Capital or revenue expenses – Held that:- There is no similarity established by the Revenue with the facts taken into consideration by the Tribunal and the Hon'ble High Court in 1994-95 A.Y - Nothing has been placed to show that the machines were lying idle or had become unfit for production and in fact no argument in that line has been advanced by the Revenue - the arguments of the Revenue have no merit – Decided against revenue.
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