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2004 (8) TMI 72 - ALLAHABAD HIGH COURTDeduction of gratuity - liability for gratuity – Whether, the Tribunal having found that the assessee-company had failed to claim the liability for gratuity for the past year was justified in law in holding that it was not debarred from claiming the liability of earlier years in the AY 1972-73? – Held , no – Whether when the provisions of section 36(1)(v), the provisions as contained in Part C of Schedule IV and the rules relating thereto were not complied with, the Tribunal was in law justified in allowing the claim of gratuity of Rs. 16,45,092 in the AY 1972-73? – Held, no - Whether Tribunal was in holding that the liability of gratuity amounting to Rs. 16,45,092 relating to past years accrued in the accounting year relevant to the AY 1972-73 and was, therefore, an allowable deduction for that assessment year? – Held, no - Further it is held that the interest on late payment of income-tax/advance tax or self-assessment tax or any other direct tax cannot be allowed as a deduction.
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