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Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The assessee bank made provisions for group gratuity and leave ...


Bank's gratuity & leave provisions are real expenses, not notional. Taxable income is real, not book entries. ITAT upheld assessee's claim.

August 12, 2024

Case Laws     Income Tax     AT

The assessee bank made provisions for group gratuity and leave encashment by debiting expenses in its books, but these provisions were never treated as real expenses for income tax purposes. The AO made additions for the difference between the book provisions and actuarial valuations. The ITAT held that the expenses debited pertained to the assessment year and were real expenses, not provisions. The AO's findings that the amounts did not pertain to the year were perverse. Only real income is taxable, not provisions, as held in Shoorji Vallabhdas case. The assessee did not claim notional expenses to reduce profits. The AO's additions were deleted.

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