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Leave encashment

Started by Pankaj, August 19, 2010, 11:47:01 AM

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Pankaj

There was a case of Kolkata High Court in the case of Exide Industries where the assessee has cliamed the expenditure of leave encashment on provision basis and has won the case.

There after the Department has gone into the Supreme Court against it.

Could somebody tell me what is the current status of that case.

pawansingla

I don,t know the status at the present. But the appeal against the order of Kolkatta High court was admitted by the supreme court. The Apex court admitted the appeal .The assessee was given the right to claim deduction but department was also allowed to disallow sa if 43B(f) is in statue book.

ashutosh majumdar

Ah, Now I remember ... after a lot of head scratching  :P

The link is here: http://itatonline.org/archives/index.php/cit-vs-exide-industries-supreme-court

No Idea whether matter is pending. Any guru will help?  ???