TMI Blog1995 (1) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... for quantification of liability - Held that the exact amount of which deduction is to be given has to be determined before the deduction is actually made - - - - - Dated:- 25-1-1995 - J. S. VERMA. and K. S. PARIPOORNAN. JUDGMENT These appeals are directed against the decision of the High Court in references made under section 256(1) of the Income-tax Act, 1961, to answer the following qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be allowed as a deduction for gratuity payable under the Kerala Industrial Employees' Payment of Gratuity Act, 1970, which law came into force only in the accounting year relevant to the concerned assessment year 1970-71, the assessee is entitled to take into consideration the period of past service of the employees rendered up to the commencement of the relevant accounting year? 4. Whether, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 158 ITR 419, wherein reliance was placed on the decision in CIT v. Andhra Prabha Pvt. Ltd. [1986] 158 ITR 416 (SC). It may be mentioned that in taking this view this court applied the principles laid down in an earlier decision in Shree Sajjan Mills Ltd. v. CIT [1985] 156 ITR 585. These appeals, therefore, fail. We may, however, make it clear that the exact amount of which deduction is to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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