2006 (11) TMI 146 - HC - Income Tax

Court Upholds Commissioner's Decision on Leave Encashment Liability

The court upheld the Commissioner's decision, agreeing that the judgments in Kedarnath Jute Manufacturing and Bharat Earth Movers cases were applicable. ... - Issues involved: The judgment deals with the issue of claiming deduction for leave encashment liability under the Income-tax Act, 1961 and the applicability of judgments in similar cases u/s 143.Summary:1. The assessee did not claim deduction for leave encashment liability in the assessment year, but after a judgment by the apex court, applied for revision within the statutory period. The Commissioner dismissed the revision, stating the judgment could not be applied retrospectively. The assessee relied on a previous apex court decision in Kedarnath Jute Mfg. Co. Ltd. v. CIT to support their claim for deduction.2. The single judge dismissed the writ petition, stating extending the benefit of the judgment would amount to double benefit for the assessee. The judge also directed the Revenue to reopen assessments for other years where the benefit was extended, although those years were not part of the writ petition.3. The appellant filed an appeal contending that the leave encashment liability was not contingent and should be allowed as a deduction based on the judgment in Bharat Earth Movers v. CIT. The appellant argued that the judgment should have retrospective effect.4. The court examined the apex court decisions in Kedarnath Jute Manufacturing and Bharat Earth Movers cases, agreeing that they were applicable in the present case. The court disagreed with the view that granting the benefit would result in a double benefit for the assessee.5. The court considered the applicability of the judgments to the assessment year completed before the delivery of the Bharat Earth Movers judgment. Referring to the apex court decision in Dr. Suresh Chandra Verma v. Chancellor, the court concluded that the judgment could have been applied if a dispute was pending at the time of delivery.6. The court upheld the Commissioner's decision and disagreed with the single judge's directive to reopen assessments for other years. The appeal was partly successful, quashing the directive to reopen assessments while affirming the dismissal of the writ petition.7. The appeal was disposed of without any order as to costs, with an instruction for an urgent certified copy of the order to be made available to the parties upon request.