Appeal Dismissed, Revival Option Granted under Income Tax Act

The Tax Appeal under Section 260-A of the Income Tax Act, 1961 was dismissed by the High Court due to the issue being covered by a previous order. However, the appellant was given the option to revive the appeal if the Supreme Court reverses the judgment in a related case. The appellant was granted three months from the date of the Supreme Court's decision to file for revival. This decision was made due to the small disputed amount involved in the case, leaving the possibility open for revival based on the Supreme Court's ruling.

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Issues involved:
1. Disallowance of deduction u/s.36(1)(va) r.w.s. 2(24)(x)
2. Revival of appeal based on Supreme Court judgment

Analysis:
1. The Tax Appeal under Section 260-A of the Income Tax Act, 1961 was filed by the Assessee against the order passed by the Income Tax Appellate Tribunal for the Assessment Year 2012-13. The primary issue raised was the disallowance of deduction u/s.36(1)(va) r.w.s. 2(24)(x) amounting to Rs. 20,70,055. The appellant questioned whether the Appellate Tribunal erred in upholding this disallowance. The learned counsel for the appellant referred to a previous order by the coordinate Bench related to a similar issue concerning the deductibility of employees' contribution towards Provident Fund and ESI. The Tribunal had dismissed the ground based on a previous judgment. The counsel acknowledged the issue's similarity to the previous case but highlighted that an appeal was pending before the Supreme Court, suggesting that the appellant should benefit from the Supreme Court judgment if the High Court's decision is overturned.

2. The Court noted that the question of law proposed in the present appeal was covered by the previous order. In light of this, the appeal was dismissed at that stage. However, the Court provided an option for the appellant to revive the appeal if the Supreme Court reverses the judgment in the related case. The appellant was granted the opportunity to file an application for revival within three months from the date of the Supreme Court's judgment reversal. This arrangement was made considering the small disputed amount involved in the case. The appeal was disposed of accordingly, leaving the door open for potential revival based on the Supreme Court's decision.

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