2013 (6) TMI 97

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ana Kuthiala, Advocate. For the Respondent : Mr. Vishal Mohan with Mr. Rattan Thakur, Advocates. ORDER Justice A.M. Khanwilkar, C.J. (Oral) Heard counsel for the parties. 2. These appeals have been filed by the Department on the assertion that it raises substantial question of law as follows:- "Whether the provision made by the assessee for leave encashment is not an ascertained ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lity" of the respondent towards leave allowance to be paid to the employees. Consistent with that finding, the Appellate Tribunal, relying on the decision of the Apex Court in the case of Bharat Earth Movers versus Commissioner of Income Tax (2000) 245 ITR 428 allowed the appeal and was pleased to set aside the assessment order to the extent disallowing the amount towards leave allowance to be pai....