1987 (3) TMI 32 - HC - Income Tax

Issues:
1. Deduction of provision for gratuity payable to employees.
2. Binding nature of circular referred to by the Tribunal.
3. Classification of amounts claimed as children allowance and house rent.
4. Disallowance under section 40(a)(v) of the Income-tax Act, 1961.
5. Claim for deduction of gratuity liability accrued in earlier years.

Analysis:

1. Deduction of provision for gratuity payable to employees:
The court examined whether the assessee could claim a deduction for the provision of gratuity payable to employees without an approved gratuity fund under an irrevocable trust. The court referred to previous decisions and held that the claim for gratuity in earlier years was disallowed by the Income-tax Officer initially. However, the Appellate Assistant Commissioner and the Tribunal accepted the assessee's contention that the gratuity payable in previous years was an allowable deduction in the relevant accounting year of 1971-72. The court emphasized that under the mercantile system of accounting, the assessee could only deduct the liability accrued during the relevant accounting year, not arrears from previous years. Therefore, the court ruled in favor of the Revenue and against the assessee on this issue.

2. Binding nature of circular referred to by the Tribunal:
The court addressed the circular referred to by the Tribunal regarding the classification of amounts claimed as children allowance and house rent under the Income-tax Act, 1961. The court noted that the Tribunal did not consider the correct classification of these amounts under the relevant sections of the Act. As a result, the court declined to answer the question regarding the benefit granted under the circular, emphasizing the importance of correctly classifying the amounts claimed.

3. Classification of amounts claimed as children allowance and house rent:
The court highlighted the importance of correctly classifying the amounts claimed as children allowance and house rent under the Income-tax Act, 1961. The court noted that without determining the correct classification of these amounts under the relevant sections of the Act, it was not possible to assess the applicability of the benefit granted under the circular referred to by the Tribunal.

4. Disallowance under section 40(a)(v) of the Income-tax Act, 1961:
The court discussed the disallowance of amounts towards children allowance and house rent under section 40(a)(v) of the Income-tax Act, 1961. The court emphasized the need for proper classification of these amounts to determine their eligibility for deduction under the Act. The court highlighted the importance of following the correct procedure in claiming deductions under the relevant sections of the Act.

5. Claim for deduction of gratuity liability accrued in earlier years:
The court examined the claim for deduction of gratuity liability accrued in earlier years by the assessee. The court emphasized that under the mercantile system of accounting, the assessee could only deduct the liability accrued during the relevant accounting year, not arrears from previous years. The court referred to previous decisions and ruled in favor of the Revenue and against the assessee on this issue, based on the finding that the assessee only claimed sums paid as gratuity in the returns, not the sums payable based on accrual.

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