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TMI Blog2008 (8) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... incurred on account of voluntary separation scheme. The Assessing Officer allowed only a certain amount and disallowed the balance for the purpose of computation of book profit u/s 115JA of the Act, because it was in the nature of provision only. The Tribunal confirmed the deletion of addition but allowed the cross objection in favour of the assessee in the matter of levy of interest. Held that- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 on account of voluntary separation scheme, out of which Rs. 6,47,55,000 was towards replenishment of gratuity fund. The Assessing Officer, inter alia, allowed only a sum of Rs. 6,47,55,000, and the balance amount was disallowed for the purpose of MAT because it was in the nature of provision only. The Assessing Officer while giving effect to the order levied interest under section 234D. Aggrieve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of the Commissioner of Income-tax (Appeals) and allowed the appeal in favour of the assessee, with regard to the interest under section 234D following the decision of the Delhi Bench in the case of Glaxo Smithline Asia P. Ltd. v. Asst. CIT in I. T. A. No. 2823/Del/2004 and 819/Del/ 2005 decided the issue in favour of the assessee. The assessee filed an appeal under section 260A to this cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee for reopening and issuing notice under section 143(2) of the Act and giving an opportunity to the assessee to raise all contentions relating to reopening of assessment as well as the merits of the case, nothing survives in these appeals and the Revenue cannot contend that this issue has to be considered separately. At the risk of repetition, we say that the order of the Tribunal as w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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