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TMI Blog2019 (1) TMI 1861X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee had already applied to the Hon'ble Principal CIT for the approval of gratuity scheme on 20th May 2011. The assessee has not received the approval from Hon'ble CIT till the date of assessment in spite of due follow-ups. During the course of assessment the learned DCIT has disallowed the entire contribution made to employees group gratuity cum life assurance scheme u/s.36(1)(v). He has done so just because actual approval to the group gratuity trust is not received from Hon'ble CIT. The same was affirmed by Id. CIT (Appeals) - IX, Pune. 2. The Ld. CIT (Appeals) -IX erred on facts and in law in not appreciating and considering the recent decision of Hon'ble Rajasthan High Court (Jaipur Bench) in the case of Jaipur T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e filed detailed written submissions before the Ld. CIT(Appeals). The Ld. CIT(Appeals) after considering the facts of the case, submissions of the assessee observed that the facts for the year under consideration are identical to the facts of A.Y. 2011-12 and thereafter, the Ld. CIT(Appeals) goes on to uphold the decision of the Assessing Officer dismissing the appeal of the assessee as per reasons recorded in his order. 4. At the time of hearing, the Ld. AR of the assessee submitted that facts and circumstances of the assessment year under consideration are identical to the facts and circumstances in assessment year 2011-12. The Co-ordinate Bench of the Tribunal, Pune in assessee's own case for assessment year 2011- 12 in ITA No. 2275/PUN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Commissioner of Income Tax, which has not been approved till date. The Assessing Officer and the CIT(A) thus, invoked the provisions of section 36(1)(v) of the Act to disallow the said claim of assessee as the amount was not paid to an approved gratuity fund. The case of assessee before us on the other hand, is that even otherwise, the said amount is to be allowed in the hands of assessee under section 37(1) of the Act. The learned Authorized Representative for the assessee in this regard, has placed reliance on the ratio laid down by the Hyderabad Bench of Tribunal in Capital IQ Information System (India) P. Ltd. Vs. Addl. CIT (supra). From the perusal of said decision, we find that reference is made to the decision of Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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