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2017 (8) TMI 566 - AT - Income TaxDisallowance of contribution made to LIC Group Gratuity Scheme - addition u/s 36(1)(va) & 40A(7) - Held that:- The assessee had filed an application seeking approval for Employees Group Gratuity Scheme in the year 1992 and when no action was taken, assessee again filed an application on 4/8/2015 on this application the approval was granted. The Revenue has not placed any material on record demonstrating the reasons for non-granting of approval. It is also not in dispute that, this is the first time when the claim has been disallowed. Under these facts, in view of the judgment of the Hon’ble Jurisdictional High Court in the case of Pr. CIT vs. Rajasthan State Seeds Corporation Ltd. (2016 (9) TMI 59 - RAJASTHAN HIGH COURT). We are of the considered view, that the authorities below were not justified in disallowing the claim of the assessee. Therefore, we direct the Assessing Officer to delete the disallowance made on account of contribution to LIC Group Gratuity Scheme - Decided in favour of assessee.
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