Universal Cables Ltd. v. ACIT (2025) 213 ITD 428 (Kol) (Trib)

S. 43B : Deductions on actual payment-Leave encashment-Disallowed earlier years-Settled by filing an application under the Direct Tax Vivad Se Vishwas Scheme, 2024-Allowable as a deduction on a payment basis. [S.43B(f)]

Held that leave encashment liability paid to employees during relevant assessment year 2017-18 which though pertained to leave encashment provided for in earlier assessment years 2002-03, 2003-04 and 2004-05 but had been disallowed and taxes thereon had been paid by assessee by filing application under Direct Tax Vivas se Vishwas Scheme, 2024, for assessment years 2002-03, 2003-04 and 2004-05. Tribunal held that the payment was allowable in the relevant assessment year 2017-18 on a payment basis in terms of section 43B(f) of the Act. (AY. 2017-18)

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