2020 (11) TMI 99

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.... For M/s.Subbaraya Aiyar Padmanaban For the Respondent : Mr.T.Ravikumar Senior Standing counsel JUDGMENT T.S.SIVAGNANAM , J. This appeal has been filed by the assessee under Section 260 A of the Income Tax Act, 1961 ('the Act' for brevity), challenging the order dated 19.05.2016 passed by the Income Tax Appellate Tribunal, Madras, 'D' Bench ('the Tribunal' for b....

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....t entitled for deduction u/s.37(1) of the Act in respect of provision towards a crystallized liability? 4. Whether, on the facts and in the circumstances of the case, The Tribunal was right in law in not following the decision in Exide Industries Ltd and another Vs. Union of India & Others 292 ITR 470." 3. We have heard Mr.Venkatanarayanan, learned counsel for the appellant/assessee an....

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..... 5. The learned counsel for the assessee submitted that though the assessee succeeded before the learned Single Judge, the Electricity Board filed Writ Appeal before the Hon'ble Division Bench, which was dismissed only in the year 2011. Though such submission is made before us, there is no scrap of paper placed before this Court either as an averment in the Memorandum of Grounds of appeal ....

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....before the Tribunal. The Judgment of the High Court of Kerala, which according to the assessee is may be placed before the Tribunal in their favour. If such a Miscellaneous Petition is filed, the Tribunal shall entertain the same without reference to limitation and pass orders on merits and in accordance with law as observed earlier. 8. Substantial Question of Law No.4 is answered against the a....