9911796707
TMI Blog2018 (9) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... e revenue’s appeal is accordingly dismissed. Provision for leave encashment u/s 43B - Held that:- As per the proviso to section 43B(f) of the Act, any sum actually paid by the assessee on account of leave encashment on or before the due date of filing the return of income should be allowed as deduction. Keeping in view this decision of the Tribunal [2017 (5) TMI 1611 - ITAT KOLKATA], the Ld. CIT(A) vide his impugned order directed the A.O. to verify the claim of the assessee of having paid the amount of leave encashment to the extent of ₹ 57,87,806/- before the due date of filing of return of income for the year under consideration and allow deduction to the extent of such payment. No infirmity in the impugned order of the Ld. CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision for wage revision ₹ 25,57,00,000/- ii. Liability of leave encashment on superannuation RS. 1,30,00,000/- 3. Against the order passed by the A.O. u/s 143(3)/263, an appeal was preferred by the assessee before the Ld. CIT(A) disputing both the additions made by the A.O. Meanwhile, the appeal filed by the assessee against the order of the Ld. CIT passed u/s 263 came to be disposed of by the Tribunal vide its order dated 12.05.2017 passed in ITA No. 877/Kol/2015. In the said order, the Tribunal held that the Assessing Officer had made proper enquiries before concluding the assessment on the issue of provision for wage revision and there was no err ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letely arbitrary, unjustified and illegal. 2. CIT(Appeal) erred by deleting the addition made by the A.O. on account of liability of leave encashment on superannuation u/s 43B of the Income Tax Act is completely arbitrary, unjustified and illegal. 5. We have heard the arguments of both the sides and also perused the relevant material available on record. As agreed by the learned representatives of both the sides, the order of the Ld. CIT passed u/s 263 on the issue of provision for wage revision having already been set aside by the Tribunal restoring the order of the A.O. passed originally u/s 143(3) on this issue, the fresh assessment order passed by the A.O. u/s 143(3)/263 on this issue has become infructuous and there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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