TMI Blog2015 (7) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee also made provision for payment of Gratuity. Therefore, this Tribunal is of the considered opinion that Section 40A(7)(a) may not be applicable to the facts of the case. In fact, Section 40A(7)(b) of the Act would be applicable. By referring to Section 40A(7)(b) of the Act, this Tribunal, on identical set of facts, allowed the claim of the assessee for assessment years 2005-06 and 2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 40(A)(7) of the Income-tax Act, 1961 (in short 'the Act'). However, on appeal by the assessee, the CIT(Appeals), by following his own order for the assessment year 2005-06, allowed the claim of the assessee. Referring to Section 40A(7)(a) of the Act, the Ld. D.R. submitted that no provision shall be allowed in respect of payment of Gratuity. The Ld. D.R. submitted that the Gratuity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t material on record. It is not in dispute that the Gratuity fund is an approved one. The assessee also made provision for payment of Gratuity. Therefore, this Tribunal is of the considered opinion that Section 40A(7)(a) may not be applicable to the facts of the case. In fact, Section 40A(7)(b) of the Act would be applicable. By referring to Section 40A(7)(b) of the Act, this Tribunal, on identica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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