2015 (10) TMI 1506

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....g the addition of Rs. 6037000/- being made by the Assessing Officer on account of provisions for gratuity and leave encasement." 3. We have heard the argument of both the sides and carefully perused the relevant material placed on record, inter-alia, assessment order, order of the CIT(A) dated 12/7/2013, paper book filed by the assessee spread over 34 pages and impugned order of the CIT(A) dated 21/08/2013for A.Y. 2008-09 passed u/s 154 of the Income Tax Act, 1961 (for short the Act). 4. The ld. Departmental Representative (DR) pointed out that the CIT(A) in his order dated 21/08/2013 passed u/s 154 of the Act deleted the addition made on account of provision for Gratuity and leave encashment on unjustified and incorrect premise. Therefor....

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....o recorded that the provision was computed on the basis of a certificate given by actuarial. This clearly established that the provision was based on a scientific mythodology and certified by a specialist. This aspect has also been mentioned itself in the body of the appellate order. In view of these facts, the issue is clearly covered in favour of the appellant by the decisions of Rotork Controls Ltd. 314 ITR (SC) and, therefore, it appears to be a mistake apparent from record. 3. After considering the rectification application of the AR as well as the details in the appellate order, it appears that through oversight this aspect has not been adjudicated by considering this fact which is also mentioned in the above order itself. Accordingl....