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Issues:
1. Interpretation of section 40(c) of the Income-tax Act regarding deduction for remuneration paid to managerial staff. 2. Allowability of deduction for contribution made to an approved gratuity fund. Analysis: *Issue 1:* The case involved a company engaged in chit business claiming a deduction for remuneration paid to managerial staff of the holding company. The Income-tax Officer disallowed the deduction, citing inability to quantify the services rendered by the staff to the assessee-company. The Commissioner of Income-tax (Appeals) overturned this decision based on a previous Tribunal order. The Appellate Tribunal also upheld this decision, leading to the Revenue appealing the matter. The court examined the agreement between the companies and referenced a Kerala High Court decision, concluding that the payment was reasonable and not based on extra commercial considerations. The court held that section 40(c) of the Act was not applicable, affirming the Tribunal's decision. *Issue 2:* The second question concerned the disallowance of a contribution made to an approved gratuity fund by the assessee. The Income-tax Officer disallowed the payment, arguing that employees had not completed five years of service. However, the Commissioner of Income-tax (Appeals) and the Appellate Tribunal allowed the deduction. The court, in line with its previous judgment, held that the contribution to the gratuity fund was an admissible deduction, rejecting the Revenue's arguments. In conclusion, the court answered both questions in favor of the assessee, affirming the Tribunal's decisions. No costs were awarded in the case.
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