Disallowance of expense already disallowed by Assessee amounts to double disallowance

Thomson Press (India) Ltd. Vs Addl. CIT (ITAT Delhi)

The issue of ‘Leave Encashment’ has been dealt with by the Ld. AO in para 5 at page 8 of his order. The Ld. AO found that out of provision of Rs. 1,81,96,210/- for leave encashment, Rs. 92,16,506/- was paid during the year. On query, it was stated by the assessee that leave encashment was claimed on accrual basis following the decision of Calcutta High Court in CIT vs. Exide Industries Ltd. 292 ITR 470 (Cal). It is a trading liability out of the purview of Section 43B of the Act. Referring to the

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