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Allowability of deduction under section 36(1)(ii) or section 37(1) of the Income-tax Act, 1961 for a sum paid as "gratuity" to employees during a business transfer. Analysis: The case involved a public limited company engaged in banking operations that paid a sum of Rs. 26,032 as "gratuity" to employees during the transfer of a substantial part of its business to another bank. The Income Tax Officer (ITO) disallowed the deduction, considering the payment as "retrenchment compensation" due to the cessation of business activities post-transfer. The Appellate Assistant Commissioner (AAC) allowed a partial deduction of Rs. 8,110 but disallowed the remaining amount. The Appellate Tribunal later directed the allowance of the entire sum as a deduction under section 37(1) or section 36(1)(ii), leading to a reference before the High Court. The High Court clarified that only the disputed amount of Rs. 17,922 was under consideration, as Rs. 8,110 had already been allowed by the AAC. It analyzed the provisions of section 36(1)(ii) and determined that the payment, whether termed as "gratuity" or "retrenchment compensation," did not fall under this section. Therefore, the deduction could not be allowed under section 36(1)(ii). The court then assessed the allowability of the sum under section 37(1) and examined whether the business had ceased post-transfer. It noted that the company had not stopped its business entirely and continued to operate as a banking company. The court emphasized that the payment of gratuity to surplus employees during the business transfer was a legitimate business expense and not a terminal payment due to business closure. Referring to previous cases involving business cessation or undertaking transfers, the court concluded that the company was eligible for the deduction under section 37(1) as it was made in the course of carrying on its business. The judgment favored the assessee, allowing the deduction under section 37(1) and awarded costs to the assessee.
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