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Issues:
Deduction for gratuity under different sections - Disallowance by Income-tax Officer - Appeal before Commissioner of Income-tax (Appeals) - Tribunal's decision on gratuity payment as business expenditure - Allowability under section 37 of Income-tax Act, 1961. Analysis: The case involved the assessee, Coimbatore Premier Corporation (P.) Ltd., claiming deductions for gratuity under two sections for the assessment year 1977-78. The Income-tax Officer allowed part of the gratuity claim related to employee retirement but disallowed the premium paid to the Life Insurance Corporation under the group gratuity scheme, stating that no approved gratuity fund was set up for employees' exclusive benefit. The Commissioner of Income-tax (Appeals), referring to an earlier order, deleted the disallowance of the premium paid to the Life Insurance Corporation. However, the Department appealed to the Appellate Tribunal against this decision. The Tribunal, based on a previous ruling in the assessee's case for the assessment year 1976-77, held that the gratuity payment was a business expenditure and thus allowable under section 37 of the Income-tax Act, 1961. The Tribunal's decision led to the reference of a question to the High Court under section 256(2) of the Act. During the arguments, various court decisions were cited, with a specific mention of the apex court's ruling in Shree Sajjan Mills Ltd. v. CIT [1985] 156 ITR 585. This decision clarified that gratuity deductions must comply with the conditions in section 40A(7) and cannot be allowed under other sections due to the overriding effect of section 40A. In light of the apex court's decision, the High Court concluded that the insurance premium paid by the assessee under the group gratuity scheme was impermissible for deduction under section 37 of the Act. Consequently, the court answered the question in the negative, favoring the Department over the assessee. Thus, the tax case was disposed of with no costs awarded.
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