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2004 (4) TMI 51 - HC - Income TaxClaim for deduction of gratuity premium - remittance had not been made before the due date Held that assessee is entitled to claim deduction - Tribunal is right in law in holding that the provisions of section 43B are not applicable in respect of the claim for the deduction of premium payable towards gratuity to which section 40A(7)(b) applies Held that provision towards the contribution to an approved gratuity fund is allowable u/s 40A(7)(b) - Whether Tribunal is right in law in holding that the 'due date' as defined in the Explanation to clause (va) of section 36(1) has application only in respect of any sum received by the assessee as contribution to the provident fund, ESI, etc., which the assessee as employer has to remit to the respective account Held No
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