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2016 (1) TMI 362 - ITAT JAIPUR

2016 (1) TMI 362 - ITAT JAIPUR - TMI - Prior period expenses - CIT(A)allowed the claim - Held that:- AO has filed the complete details of the prior period expenses of ₹ 1,96,917/-. Vide letter dated 26.4.2008, vouchers in respect of the same were filed. From the details we note that the approval for payment of these expenditure were given during the year and therefore the liability crystalised during the year in view of these facts and the consistent view of this Bench that the liability c .....

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approval to the scheme is not allowed. Therefore the scheme cannot be taken as not approved. The assessee canít be made to suffer for inaction of the department. Considering these facts, this Bench in assesseeís own case of A.Y. 1996-97 & 1997-98 itat allowed the claim of the assessee - Decided in favour of assessee

Contribution to State Renewal Fund - CIT(A) treated as allowable expenditure - Held that:- This issue is covered in favour of the assessee as the amount was set apart not .....

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he assessment year 2007-08 wherein following grounds have been raised by the Revenue. (i) Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) has erred in holding prior period expenses as allowable expenses. (ii) Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) has erred in allowing deduction for the contribution of ₹ 6,99,566/- made to an unapproved gratuity fund. (iii) Whether on the facts and in the circumstances of the .....

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er dated 16-07-2010 in ITA No. 919/JP/2009 in the case of ACIT vs. M/s. Rajasthan State Road Development Construction Corporation Ltd., Jaipur 2.3 We have heard the rival contentions and perused the materials available on record. As regards Ground No. 1 of the Revenue, we find that ITAT Jaipur Bench has decided this issue in assessee's own case for the assessment year 2006-07 in favour of the assessee vide its order dated 21- 08-2009 in ITA No. 307/JP/2009 by following observations. 5. Brief .....

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chers in respect of the same were filed. From the details we note that the approval for payment of these expenditure were given during the year and therefore the liability crystalised during the year in view of these facts and the consistent view of this Bench that the liability crystalised on approval of payment, we find no infirmity in the order of ld.CIT (A) deleting the disallowance. Therefore, the ground No.2 of the Revenue is dismissed. 2.3.1 As regards ground No. 2 of the Revenue, we find .....

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ts are that the AO held that assessee has claimed to have applied for approval of LIC Group Gratuity Fund on 31.03.1981 and even after a long lapse of time, the approval has not been granted. Thus the assesee s group gratuity scheme has not been approved. As per section 36(1)(v), sum paid for gratuity funds is deductible if such payment is made towards contribution to approved gratuity fund. Further, section 40A (7) provides that a provision for gratuity fund will not be admissible, unless it is .....

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.2006. 4. After considering the rival submissions, we find that there is no dispute as to the fact that assessee has applied for approval of the scheme on 31.03.1981. The A O has not brought any material on record that the approval to the scheme is not allowed. Therefore the scheme cannot be taken as not approved. The assessee can t be made to suffer for inaction of the department. Considering these facts, this Bench in assessee s own case of A.Y. 1996-97 & 1997-98 in ITA No. 58, 238/JP/2002 .....

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