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2021 (3) TMI 75 - ITAT BANGALOREDisallowance of claims of superannuation fund u/s. 40A(9) and gratuity fund u/s. 40A(7) - AO was of the view that the provision of approved superannuation and Gratuity Fund in Part B and C in IV Schedule run similar and alike while the provisions for approval of provident fund in Part A of the 4th Schedule is totally distinct different from those in Part B & C - HELD THAT:- As decided in [2018 (4) TMI 553 - ITAT VISAKHAPATNAM] the assessee has made the payments to the LIC towards group gratuity scheme directly in approved schemes. The assessee has also obtained the policy in favour of the bank. The assessee has no control over the funds contributed to LIC towards the gratuity. The assessee is receiving the gratuity payment directly from the LIC of India as per the scheme which is paid to the employee on happening of the event i.e. retirement or death or resignation. See Warner Hindustan Ltd [1987 (8) TMI 52 - ANDHRA PRADESH HIGH COURT]. Since the facts are identical, respectfully following the view taken by the coordinate benches, we hold that the assessee is entitled for the deduction for payment of gratuity to LIC and accordingly, we set aside the order of the lower authorities and allow the appeal of the assessee.
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