TMI Blog2012 (7) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... PER VIJAY PAL RAO, J.M.: This appeal by the Revenue is directed against the order of the Commissioner of Income-tax(Appeals)-IV, Hyderabad passed on 26/08/2011 for the assessment year 2008-09. 2. The revenue has raised the only ground in this appeal, as under:- .The learned CIT(A) ought to have recognized that contribution made to an unrecognized gratuity fund is not allowable u/s 37 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e have heard the learned DR as well as the learned counsel for the assessee and considered the relevant material on record. At the outset, we find that this issue has been considered and decided by this Tribunal in assessee s own case for AY 2001-02 2004-05 and thereafter for AY 2007-08. For the AY 2007-08, this Tribunal has decided this issue in ITA No. 713/Hyd/2010 in favour of the assessee vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f gthe matter dealt with therein, in computing the income referred to in section 28. ....... (v) any sum paid by the assessee an an employer by way of contribution towards an approved gratuity fund created by him for the exclusive benefit of him employees under the irrevocable trust . We have also carefully gone through the provisions of section 37 of the income tax act. Sec.37 provides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rner Hindustan Ltd. (supra) it has to be allowed. 5. We have carefully gone through the judgement of the jurisdictional High Court in the case of Warner Hindustan Ltd. (supra). In the case therefore the jurisdictional High Court, the Provident Fund was approved by the CIT. The Andhra Pradesh High Court, after referring to the judgement of the Bombay High Court in Tata Iron and Steel Co. Ltd., V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round taken by the Revenue. Respectfully following the order of this Tribunal in assessee s own case(supra), we decide this issue against the revenue and in favour of the assessee. Accordingly, the order of the CIT(A) is upheld and the ground raised by the revenue is dismissed. 5. In the result, appeal of the revenue is dismissed. Order pronounced in the court on 12/07/2012. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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