COMMISSIONER OF INCOME TAX Vs. OMAX AUTO LTD.

JUDGEMENT

(1.) AT the instance of the Revenue, the Tribunal, Delhi Bench "A", has referred the following question of law for the opinion of this Court : "Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal was justified in deleting the addition of Rs. 1,51,552 made on account of liability towards leave with wages which was not paid during the year as the workers did not avail of the leave -

(2.) AT the hearing, learned counsel for the Revenue fairly stated that the aforementioned question has been answered in favour of the assessee in Bharat Earth Movers vs. CIT (2000) 162 CTR (SC) 325 : (2000) 245 ITR 428 (SC); CIT vs. Oswal Woollen Mills Ltd. (2002) 174 CTR (P&H) 242 : (2002) 254 ITR 666 (P&H) and CIT vs. Oswal Woollen Mills Ltd. (2002) 175 CTR (P&H) 425 : (2002) 257 ITR 781 (P&H).

(3.) BY applying the ratio of the abovenoted judgments to the case in hand, the question referred by the Tribunal is answered in favour of the assessee and against the Revenue.