11 December 2010
Section 43B clause (f) reads as under - any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee
shall be allowed on payment basis. ITO is not wrong.
Calcutta High Court has , however, commented upon this provision as being arbitrary one. Case laws which may be referred- Bharat Earth Movers Ltd V CIT (2000_ 245 ITR , Exide Industries Ltd. V Union of India (2007) 164 taxman 9(cal.)