2002 (10) TMI 9 - KERALA HIGH COURT

Payment of gratuity - section 36(l)(va) - disallowance of the claim for deduction of the contribution to the employees' gratuity fund not paid by the assessee within the due date for making such payment under law - "The expression 'due date' means the time stipulated for payment. As per the Explanation to clause (va) for the purpose of the clause, 'due date' means the date by which the assessee is required as an employer to credit an employee's contribution to the employee's account in the relevant fund. The amount is deductible only if the assessee credits the amount to the employee's account in the relevant fund on or before the date by which he is legally or contractually required to do so. - It cannot be said that payment made beyond the due date also qualifies for deduction – Revenue’s appeal allowed