Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (7) TMI 1408 - AT - Income TaxDisallowance of provision for Gratuity u/s 40(A)(7) - CIT-A by following his own order for the assessment year 2005-06, allowed the claim of the assessee - HELD THAT:- It is not in dispute that the Gratuity fund is an approved one. The assessee also made provision for payment of Gratuity. Therefore, this Tribunal is of the considered opinion that Section 40A(7)(a) may not be applicable to the facts of the case. In fact, Section 40A(7)(b) of the Act would be applicable. By referring to Section 40A(7)(b) of the Act, this Tribunal, on identical set of facts, allowed the claim of the assessee for assessment years 2005-06 and 2008-09 by confirming an identical order of the CIT(Appeals). Therefore, this Tribunal do not find any infirmity in the order of the CIT(Appeals) and accordingly, the same is confirmed. - Decided against revenue.
|