- (1.) Heard learned counsel for the appellant.
(2.) The Revenue has preferred this appeal under Section 260A of the Income Tax Act against order dated 19.9.2008 passed by Income Tax Appellate Tribunal, Jaipur Bench, Jaipur whereby appeal preferred on behalf of revenue has been dismissed.
(3.) Briefly stated the facts of the case are that assessee filed return of income for Assessment Year 2000-2001 on 26.3.2001 showing nil income. The order under Section 143(3) of the Income Tax Act was passed on 17.2.2003. Later-on, Assessing Officer issued a notice under Section 154 of the Act on 24.11.2003 as to why Rs.15,00,000/- claimed on account of provision made for leave salary should not be disallowed. The explanation was furnished. However, it was not accepted. Consequently, the Assessing Officer vide its order dated 6.3.2007 disallowed the claim of Rs. 15 Lakhs and added it back to the income of the assessee. Being aggrieved with the order of Assessing Officer dated 6.3.2007, an appeal was preferred which was allowed by Commissioner of Income Tax (Appeals)-II, Jaipur vide order dated 2.5.2008. The revenue further preferred an appeal before Income Tax Appellate Tribunal, Jaipur Bench, Jaipur, which was dismissed vide order dated 19.9.2008. The said order is under challenge in this appeal.;