INTEGRATED COAL MINING LIMITED ,KOLKATA vs. DCIT, CIRCLE - 6(1), KOLKATA, KOLKATA

Date of concluding the hearing : November 27th, 2018 Date of pronouncing the order : January 9th, 2019 O R D E R Per J. Sudhakar Reddy, AM :-

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) - 8, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 21/11/2017, for the Assessment Year 2010-11, on the following grounds:- “

1. That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in setting aside the issue of disallowance of provision for leave encashment under section 43B of the Act amounting to Rs.6,12,100/- to the file of the Assessing Officer in excess of the powers granted to him.

2. That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds stated hereinabove either before or at the time of hearing of this appeal.”

2. We have heard rival contentions. On careful consideration of the facts and circumstances of the case, perusal of the papers on record, orders of the authorities below as well as case law cited, we hold as follows:-

3. Under the facts and circumstances of this case, we follow the decision of the Kolkata ‘C’ Bench of the ITAT, in & 1138/Kol/2012; Assessment Year 2008-09; dt. 30/11/2015, and restore this issue of disallowance u/s 43B of the Act,

Assessment Year: 2010-11 Integrated Coal Mining Limited to the file of the Assessing Officer for fresh adjudication in accordance with law based on the outcome of the appeal on merits by the Hon’ble Supreme Court in the case of UOI vs. Exide Industries Ltd. in SLP proceedings in CC 12060/2008, dt. 08/09/2008 and in CC 22889/2008, order dt. 08/05/2009.