1981 (3) TMI 95

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..... unting to Rs. 94,575 accrued to the assessee on the date of his retirement, i.e. on 2nd April, 1974. The ITO taxed Rs. 35,000 being the amount of 1st instalment of gratuity actually received by the assessee in the asst. yr. 1975-76. 2. Gratuity of Rs. 94,575 was sanctioned by the resolution of the Directors dt. 2nd May, 1974 in the following instalments: Amount of instalment Date on which to .....

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..... ent of the gratuity, the employee still had the right to claim gratuity or that the gratuity accrued immediately on retirement. When there is a mutual agreement between the employer and the employee which provides that the employee shall receive gratuity in the stated instalments, no right to receive would accrue before the stated dates of instalments. In our view, the Commr. was in error in holdi .....

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