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Issues: Interpretation of section 40A(7) of the Income-tax Act, 1961 regarding deduction of gratuity liability provision under the Payment of Gratuity Act, 1972.
Analysis: The High Court of MADRAS was presented with a case where the Appellate Tribunal referred a question of law under section 256(1) of the Income-tax Act, 1961. The question revolved around the entitlement of an assessee to deduct a provision made for gratuity liability under the Payment of Gratuity Act, 1972. The assessee, a registered firm, had claimed a deduction for a sum of Rs. 3,14,614, which included both actual payment and a provision for gratuity during assessment proceedings for the year 1975-76. The Income-tax Officer allowed the deduction for the actual payment but disallowed Rs. 2,98,433 as it was a provision towards a contingent liability, not an actual payment. The Appellate Assistant Commissioner upheld the disallowance, stating that the assessee had not fulfilled the conditions of section 40A(7) of the Act, which required the creation of a gratuity fund recognized by the Commissioner and actual transfer of funds. The Income-tax Appellate Tribunal concurred, leading to the current tax reference. The counsel for the assessee argued that the assessee had time until January 1, 1976, to create the gratuity fund and thus should be entitled to the deduction. However, the High Court disagreed, noting that the assessee failed to meet the statutory conditions of section 40A(7) as found by the lower authorities. Citing the Supreme Court decision in Shree Sajjan Mills Ltd. v. CIT, the High Court held that gratuity deduction must adhere to the requirements of section 40A(7) and cannot be allowed based on general principles. Addressing a typographical error in the question referred, the High Court corrected the sum to Rs. 2,98,433 and answered the question against the assessee, in line with the Supreme Court precedent. The judgment concluded without any order as to costs.
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