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2019 (3) TMI 399

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..... on the ground of the liabilities being ascertained contrary to what the Assessing Officer had held and / or on the ground that the Assessing Officer cannot tinker with the assessee's books of accounts while computing income under Section 115JB of the Act by placing reliance on the judgment of the Supreme Court in case of Apollo Tyres Ltd Vs. CIT [2002 (5) TMI 5 - SUPREME COURT]. As perused the documents on record, we are broadly in agreement with the view of the Tribunal. The liabilities in question related to the provisions made for directors' retirement benefits, liability arising out of voluntary retirement scheme etc. These questions are, therefore, not considered. Addition being expenditure claimed in respect of temporary str .....

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..... her on the facts and in the circumstances of the case and in law, the Tribunal was right in deleting the addition made on account of sales tax subsidy of ₹ 84,73,17,391/- in computing book profit u/s. 115JB of the I.T. Act? 3. We notice that the Revenue has also suggested following questions - (a) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in deleting the addition made in respect of provision for provision for Director's Retirement Benefit at ₹ 2,84,53,850/- in computation of book profit u/s. 115JB of the I.T. Act? (b) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in deleting the addition made in respect of exce .....

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..... ained contrary to what the Assessing Officer had held and / or on the ground that the Assessing Officer cannot tinker with the assessee's books of accounts while computing income under Section 115JB of the Act by placing reliance on the judgment of the Supreme Court in case of Apollo Tyres Ltd Vs. CIT (2002) 255 ITR 273. 5. Having heard the learned counsel for the parties and having perused the documents on record, we are broadly in agreement with the view of the Tribunal. The liabilities in question related to the provisions made for directors' retirement benefits, liability arising out of voluntary retirement scheme etc. These questions are, therefore, not considered. 6. Question No. (e) is similar to one considered by .....

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