2017 (2) TMI 1266 - AT - Income Tax

Addition on contribution to the Superannuation Fund and the Gratuity Fund - Held that - A.O. is directed by CIT-A to delete (i) the addition on account of contribution to superannuation fund and (ii) the addition on account of contribution to gratuity fund subject to the condition that the Deed of Variation of aforesaid Superannuation Fund and the Gratuity Fund of the appellant company are approved by the Commissioner of Income-tax at time of giving effect to this order. If the Commissioner of Income-tax does not approve the Deed of Variation of aforesaid Superannuation Fund and the Gratuity Fund, the additions of ₹ 23,42,193/- and ₹ 46,33,577/- on account of contributions to the Superannuation Fund and the Gratuity Fund respectively are to be treated as confirmed. No infirmity in this order of the first appellate authority. The ld. CIT(Appeals) has directed the Assessing Officer to verify the facts and pass necessary consequential orders. The directions are specific. Under these circumstances, we see no reason to interfere with the same. - Decided against revenue

Summary

Issues involved:
1. Deletion of addition on account of contribution to Superannuation Fund and Gratuity Fund.
2. Allowance of deduction for contribution towards Gratuity Fund and Superannuation Fund.

Analysis:
1. The first issue revolves around the deletion of additions made by the Assessing Officer on the grounds of lack of evidence regarding approval of funds. The ld. CIT(A) directed to allow deductions subject to approval of the Deed of Variation by the Commissioner of Income-tax. The appellant company explained the maintenance of the gratuity fund with Life Insurance Corporation of India and the merger details with necessary documents. The letter from the A.C.I.T. Hqrs-1, Kolkata stated that the approval of deed variations was under process. The ld. A/R assured that necessary approvals for the funds would be received shortly. The first appellate authority upheld the deletion of additions, subject to approval, and directed the AO to verify facts and pass necessary orders.

2. The second issue questions the direction of the ld. CIT(A) to allow deduction for contributions towards the Gratuity Fund and Superannuation Fund made in the financial year 2008-09. The AO contended that the appellant did not have its own gratuity fund, leading to disallowance of the contribution. However, the ld. A/R clarified the merger details and submission of necessary documents to the CIT. The ld. CIT(A) directed the AO to delete the additions subject to approval of the Deed of Variation by the Commissioner of Income-tax. The Tribunal found no infirmity in the order of the first appellate authority and dismissed the appeal of the Revenue, emphasizing the specific directions given for verification and necessary orders.

In conclusion, the Tribunal upheld the decision of the ld. CIT(A) in deleting the additions on account of contributions to the Superannuation Fund and Gratuity Fund, subject to the approval of the Deed of Variation by the Commissioner of Income-tax. The Tribunal emphasized the need for necessary approvals and specific verification by the Assessing Officer, ultimately dismissing the appeal of the Revenue.