In the result the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No.184/Rjt/2011 ("नधा"रण वष" / Assessment Year : 2007-08) बनाम/ Shree Digvijay Cement Co. A.C.I.T, Ltd., Circle-2, Vs. Digvijaygram Sikka, Jamnagar. Jamnagar. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs0957J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri Vimal Desai, A.R ""यथ" क" ओर से/Respondent By : Shri Jitender Kumar, Cit.D.R सुनवाई क" तार"ख / Date Of Hearing 19/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 22/10/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) Jamnagar [Ld. Cit(A) In Short] Dated 29/03/2011, Arising In The Matter Of Assessment Order Passed Under S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 21/12/2009 Relevant To Assessment Years (A.Y.) 2007-08. A.Y. 2007-08 The Assessee Has Raised The Following Grounds Of Appeal:

224 CTR 55 has allowed deduction for such kind of liability. The relevant extract of the judgment reads as under: “Held that on 28-5-1987 when the Trade Association made an award for damages for breach of contract, the liability to pay such damages had already been incurred by the assessee. Merely because the award was challenged in appeal