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2021 (1) TMI 199 - AT - Income TaxAddition of payment to an unapproved gratuity fund - According to the ld. DR, the payment made to approved gratuity fund alone has to be allowed under section 36(1)(v) and in this case, the payment was made to an unapproved fund, therefore, it cannot be allowed - when the assessee paid gratuity funds to SBI Life Insurance, Life Insurance Corporation and Star Union Diachi, whether such payment can be allowed or not? - HELD THAT:- It is not in dispute that the assessee has actually paid the money. In other words, the money has actually gone out from the hands of the assessee. Therefore, that the money paid towards the gratuity fund would not come to the assessee at any event. Hence, this Tribunal is of the considered opinion that the CIT(A) has rightly deleted the addition made by the Assessing Officer.
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