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Issues:
1. Inclusion of reserve for gratuity in the computation of capital under the Companies (Profits) Surtax Act, 1964. Analysis: The case involved a question referred under s. 256(1) of the I.T. Act, 1961 regarding the inclusion of the reserve for gratuity in the computation of capital under the Second Schedule to the Companies (Profits) Surtax Act, 1964 for the assessment year 1970-71. The Income Tax Officer (ITO) initially excluded the reserve for staff gratuity from the computation of capital. The Appellate Assistant Commissioner (AAC) later included the reserve for gratuity in the computation of capital, considering it a free reserve as it had not been utilized for gratuity payments. The Tribunal, after reviewing various decisions, concluded that the reserve was earmarked for future gratuity payments to employees and not a free reserve available for other purposes. The Tribunal noted the company's past practice of making gratuity payments and specific reserves like general reserve, development reserve, and gratuity reserve. The Court referred to precedents and held that the reserve was not freely available for future use, answering the question in the negative and in favor of the revenue. In summary, the dispute revolved around whether the reserve for gratuity should be included in the computation of capital under the Companies (Profits) Surtax Act, 1964. The AAC had included the reserve as a free reserve, while the Tribunal determined that it was specifically earmarked for future gratuity payments, based on the company's past practices and specific reserves. The Court, considering the nature of the reserve and absence of a scheme or statutory obligation for gratuity payments, concluded that the reserve was not freely available for future use, contrary to the AAC's decision. The judgment was in favor of the revenue, with each party bearing their own costs.
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