2017 (9) TMI 1833

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.... Yaden, Addl. CIT  ORDER Shri A.T.Varkey, JM This is an appeal filed by the assessee against the order of Ld. CIT(A)-6, Kolkata dated 15.01.2015 for AY 2009-10. 2. The sole ground of appeal of the assessee is against the action of Ld. CIT(A) in confirming the action of the AO in disallowing a sum of Rs. 60,17,025/- being the provision made for leave encashment in the current assessmen....

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....ion of the Hon'ble Kolkata High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. However, the Assessing Officer did not accept the assessee's claim observing that Department has preferred a Special Leave Petition before the Hon'ble Supreme Court and stay of the order of the Hon'ble Kolkata High Court was granted by the Hon'ble Apex Court. Ld. senior counsel submitted that u....

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....ct of provision for leave encashment which was deleted by the CIT(A.) following the decision of the Hon'ble jurisdictional High Court in the case of M/s. Exide Industries Ltd. (supra). It was pointed out by the ld. DR that the Hon'ble Apex Court in"SLP (Civil) 22889 of 2008 has stayed the operation of the decision of the Hon'ble jurisdictional High Court. In view of the above, we set aside the ord....

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.... appeal of assessee is allowed for statistical purposes." He, therefore, submitted that the matter may be restored back to the file of Assessing Officer.   4. In view of the aforesaid decision of the coordinate bench on a similar issue, we set aside the order of the Ld. CIT(A) and restore the matter back to the file of the AO for adjudication and AO to await the final outcome of the Hon'ble....