2021 (11) TMI 971

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....And THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA Mr. Debasis Chowdhury, Adv. Mr. Radha Mohan Roy, Adv. for the appellant Mr. Abhrotosh Majumder, Adv. Mr. Soumitra Chowdhury, Adv. Mr. Avra Majumder, Adv. ..for the respondent ORDER RE: IA NO:GA/1/2018 (OLD NO. GA/595/2018) IN ITAT/60/2018 The Court : Heard Mr. Debasis Chowdhury, learned standing counsel for the appellant and Mr. ....

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....h, Kolkata, was justified in law or in fact in holding that the assessing officer had made due enquiries on the assessment of deduction of the sum of Rs. 25,57,00,000/- on account of arrear payment which are payable consequent to wage revision and that it was an ascertained liability and was liable to be allowed as deduction? We have heard Mr. Debasis Chowdhury, learned counsel for the appellan....

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...., the Tribunal was of the view that the assumption of jurisdiction by the CIT under Section 263 of the Act was incorrect. The Tribunal noted that consequent to the decision of the Hon'ble Supreme Court in Civil Appeal No.2218/1999 in the case of South Malabar Gramin Bank versus Co-ordination Committee, it was held that there should be parity between the employees of the commercial banks and th....

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....on for arrears of wages consequent to wage revision and after making due enquiries, the assessment was completed. Therefore, the Tribunal on facts came to the conclusion that the action of the assessing officer in allowing the claim of the assessee for deduction cannot be said to be erroneous as it was a possible view which the assessing officer has taken and merely because the CIT does not agree ....