PEPSICO INDIA HOLDINGS PVT LTD vs. COMMISSIONER OF INCOME TAX

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 739/2010 . PEPSICO INDIA HOLDINGS PVT LTD ..... Appellant Through Mr. C.S. Aggarwal, Sr. Adv. with Mr. Prakash Kumar, Adv. . . . versus . COMMISSIONER OF INCOME TAX ..... Respondent Through Mrs. Prem Lata Bansal, Adv. . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN . O R D E R 02.07.2010 . . CM No.11165/2010 (Exemption) Allowed, subject to all just exceptions. ITA No.739/2010 The present appeal preferred under Section 260A of the Income Tax Act is admitted on the following substantial questions of law:- 1. Whether the Income-Tax Appellate Tribunal was justified in law in holding that an amount of Rs.68,23,350/- representing the liability towards gratuity and payable to employees and duly debited in the Profit and Loss Account represented an unascertained liability so as to enhance the book profit in terms of provisions of Clause (c) of Explanation to Section 115JA(1) of the Income Tax Act, 1961? . . ITA No.739/2010 page 1 of 2 2. Whether the Income-Tax Appellate Tribunal was justified in law in not directing, that the amount of Rs.29,60,828/- being the liability towards leave encashment due to the employees could not be deducted from the income computed under the provisions of the Income Tax Act, 1961, inspite of judgment of Apex Court in the case of Bharat Earthmovers v. CIT, reported in 245-ITR-428-SC? . 3. Whether in the circumstances of the case was not the Income Tax Appellate Tribunal right in not deducting an addition made of Rs.2,83,70,822/- despite the fact that no such deduction was either claimed in the computation of income or was debited in the Profit and Loss Account? . Mrs. Prem Lata Bansal, learned counsel for the revenue accepts notice. In view of the aforesaid, no further notice need to be issued. . . . CHIEF JUSTICE . . . MANMOHAN, J JULY 02, 2010 vk . . . . . . . . . . . ITA No.739/2010 page 2 of 2 . . . .