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1998 (3) TMI 125 - HC - Income TaxExtract: .......in the affirmative in so far as it relates to whether the Tribunal was justified in law in holding that the amount of gratuity should not be included in the amount paid to the employee in the year of retirement, for disallowance under s. 40A(5) of the Act, i.e., in favour of the assessee and against the Revenue. The application is thus disposed of.
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