2013 (11) TMI 963

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....of the order passed by the ld. CIT (A) on 25.02.2013 in relation to the Assessment year 2008-09. 2. The only issue raised in this appeal is against the sustenance of addition of Rs.25,81,185/- u/s 43B(f) on account of provision for leave salary. Briefly stated, the facts of the case that the assessee debited the said sum to its Profit & Loss account and accordingly claimed deduction. The AO did n....

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....e at the credit of his employee is deductible only on actual payment. Per contra, a mere provision without actual payment is not eligible for deduction. Since we are dealing with AY 2008-09, the amendment by way of insertion of clause (f) w.e.f. AY 2002-03 would squarely apply to the position obtaining before us. 4. The ld. AR contended that this amendment is unconstitutional and hence should not....

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....ld be entitled to make a claim in its returns.' 5. The reliance on the ld. AR on the other similar judgment of the Hon'ble Kerala High Court in CIT Vs. Hindustan Letex - 2012-TIOL-484-HC-KERALA-IT' is again misconceived because the Hon'ble Kerala High Court has solely relied on the judgment of the Hon'ble Calcutta High Court in Exide Industries Ltd. (supra) by further noting in Para 5 that the "t....