2012 (8) TMI 910

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.... Per B.R.Mittal, JM: The assessee has filed this appeal for assessment year 2008-09 against order dated 30.6.2011 disputing the confirmation of disallowance of Rs. 77,34,656 claimed by the assessee on account of provision for encashment of leave. 2. The Assessing Officer has stated that assessee has debited to the profit and loss account Rs. 77,34,565 towards payment of leave encashment bu....

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....ng, ld A.R. submitted that similar issue was considered by the Tribunal in the case of M/s Universal Medicare Pvt Ltd. vs. ACIT (I.T.A. No.6191/M/2008) vide order dated 13.3.2009 and the Tribunal considering the decision of Hon'ble apex Court in the case of Bharat Earth Movers (supra) allowed the provision for leave encashment. He further submitted that the department filed appeal against order of....

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....to the file of AO for adjudication afresh as per decision of Hon'ble apex Court in the case of Exide Industries(supra). Ld A.R. submitted that issue involved could be set aside to the file of AO with the direction to decide the same in the light of decision of Hon'ble apex Court in the case of Exide Industries (supra) or in the light of decision of Hon'ble Bombay High Court in the case of Universa....

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....Calcutta High Court in the case of Exide Industries Ltd (supra) by its order dated 8.9.2008 in SLP No.12060/2008 has stayed the operation of judgment of Hon'ble Calcutta High Court. Further, it is also a fact that Hon'ble Bombay High Court has admitted the issue under consideration in the appeal filed by department in the case of Universal Medicare Pvt Ltd (supra). At the time of hearing, ld A.R. ....