TMI Blog1986 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... s - case relates to the assessment year 1969-70 and is, therefore, governed by the statute as it existed before the insertion of sub-section (7) in section 40A - HC is justified in answering the question in the affirmative, in favour of the assessee - - - - - Dated:- 8-1-1986 - Judge(s) : R. S. PATHAK. and SABYASACHI MUKHERJEE. JUDGMENT The judgment of the court was delivered by This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Commissioner in an appeal against the assessment order for the assessment year 1969-70. The Appellate Assistant Commissioner disallowed the claim. The respondent proceeded in appeal to the Income-tax Appellate Tribunal. In disposing of the appeal, the Appellate Tribunal took into regard the circumstance that the respondent had adopted the mercantile system of accounting and that the liability f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the High Court for its opinion: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee was entitled to the deduction of the estimated gratuity payable to non-working journalists if it is established that the provision for payment of gratuity is based on legal and scientific basis ? " The High Court has answered the quest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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