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2004 (9) TMI 74 - HC - Income Tax"Whether Tribunal is right in holding that the amount of gratuity paid to the gratuity trust, is an allowable deduction in the absence of approval of gratuity fund?" - Tribunal was right in holding that the grant of approval to the gratuity fund was not relevant for the purposes of this case as the deduction was not being claimed on account of any provision. The deduction was in respect of the amount actually deposited in the fund which had become payable during the previous year relevant to the AY 1979-80. This factual position has not been disputed nor has counsel for the Revenue 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
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