2023 (8) TMI 1251

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....taken by the assessee read as under :- "1. The order dated 19/09/2019 passed by the learned CIT (Appeals) is bad in law and wrong on facts and void ab initio. 2. That the learned CIT (Appeals) erred on facts and in law in confirming the disallowance of provision for leave salary made by the AO, even ignoring the order of Kolkata ITAT cited before him. 2.1 That the learned CIT (Appeals) erred in law in not giving a suitable direction to the AO follow the decision of the Apex Court in the case of Exide Industries Limited. 3. That the learned CIT (Appeals) erred on facts and in law in neither admitting nor deciding the admissibility of claim of the appellant in respect of deduction of Rs. 130.95 crore, pursuant to the order of the Apex....

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..... CIT(Appeals) which was raised before him as on additional ground of appeal. Thus, we restore this issue to the file of the Assessing Officer for denovo adjudication in accordance with law after providing adequate opportunity of being heard to the assessee. Grounds raised by the assessee are allowed for the statistical purpose." 9. Since the facts are identical we restore this issue to the file of AO with similar directions as above. REVENUE'S APPEAL 10. Grounds of appeal taken by the Revenue read as under :- "1. The impugned order of the CIT (A) is bad in law as well as on facts of the case. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition made u/s 14A of Income Tax ....

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....t medical benefits amounting to Rs. 2,37,10,141/- Upon assessee's appeal, considering the assessee's submissions, ld. CIT (A) held as under :- " It is gathered from the appellant's submissions reproduced herein above as well as from the arguments adduced by the AR of the appellant during the appeal hearing that a) Provision for post-retirement medical benefits in books of accounts mandatory (AS15) to give a true and fair view of the statement of affairs of the company. It has to maintain the accounts on accrual basis as well as to follow AS including AS15. b) Liability created based on certificate issued by the actuary, a specialized authority to evaluate such liabilities and accordingly determined with reasonable accuracy c) Pr....