TMI Blog2004 (9) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... controverted the factual findings that in the earlier years, similar claims of the assessee had been allowed by the Assessing Officer or by the CIT (Appeals) and the orders stand accepted by the Revenue. - The question is answered in the affirmative, i.e., in favour of the assessee - - - - - Dated:- 2-9-2004 - Judge(s) : N. K. SUD., S. S. GREWAL. JUDGMENT The judgment of the court was delivered by N.K. Sud J.- At the instance of the Revenue, Income-tax Appellate Tribunal, Delhi Bench "B", Delhi (for short "the Tribunal"), has referred the following question of law arising out of its order dated June 22, 1984, relating to the assessment year 1979-80 for the opinion of this court: "Whether, on the facts and in the circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record carefully perused. The learned Income-tax Officer made the addition on the understanding that conditions under section 40A(7) of the Act, were not satisfied. The said provision requires that the gratuity fund should have been approved or the payment had been actually made. In the case before us, it is seen that the payment of the gratuity fund was made by the assessee during the relevant accounting period. This factual position appears to be clear beyond doubt from the balance-sheet of the company and the receipts in the gratuity fund. It was, therefore, not a mere provision as was understood by the learned Income-tax Officer. In the present case, the payment had been made to the fund. The assessee appears to have applied for the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum by way of any contribution towards an approved gratuity fund, or for the purpose of payment of any gratuity, that has become payable during the previous year. Explanation.- For the removal of doubts, it is hereby declared that where any provision made by the assessee for the payment of gratuity to his employees on their retirement or termination of their employment for any reason has been allowed as a deduction in computing the income of the assessee for any assessment year, any sum paid out of such provision by way of contribution towards an approved gratuity fund or by way of gratuity to any employee, shall not be allowed as a deduction in computing the income of the assessee of the previous year in which the sum so paid." A bare ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
