Dated : 14Th October, 2004 v. Commissioner Of Income-Tax, 245 Itr 428

O.O.C.J. INCOME TAX APPEAL NO.305 OF 2003 M/s. Lotus Learning Pvt.Ltd... Appellantv/s.The Commissioner of Income Tax,Mumbai City IX, Mumbai... Respondent Mr.K.B.Bhujale i/by M/s.P.V.Pikale & Co. forappellant. Mr.R.V.Desai, senior counsel with Ms.S.V.Bharuchai/by Mr.P.Kapur for respondent. CORAM: R.M.LODHA ANDJ.P.DEVADHAR, JJ. DATED:14thOctober, 2004 P.C.Heard Mr.K.B.Bhujale, the learned counsel the appellant and perused the judgement of Supreme Court in the case of Bharat Earth Movers v.Commissioner of Income-Tax, 245 ITR 428. 2. The Tribunal in the impugned order observed thus-"7. We have considered the rivalsubmissions and perused the facts onrecord. After taking into consideration,the facts and circumstances of the case, wehold that the liability of Rs.7,55,150/-was a liability in future year and not aliability in the present year. It wasprovided for a conference to be held in thenext year, an event which may take place ormay not take place. Accordingly, we holdthat the learned CIT (Appeals) is notjustified in deleting the impugnedaddition. We accordingly reverse his orderand restore that of the Assessing Officer? infirmity. The judgment of the Supreme Court cited supra has no relevance. 4. No substantial question of law arises. Dismissed. (R.M.LODHA, J.)(J.P.DEVADHAR, J.)