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Issues:
1. Interpretation of liability under the Kerala Industrial Employees' Payment of Gratuity Act. 2. Determination of liability for payment of gratuity by the assessee. 3. Validity of deduction claimed by the assessee for gratuity liability. 4. Consideration of actuarial valuation for gratuity liability. 5. Assessment of liability for gratuity accrued during the accounting year. Analysis: 1. The first issue pertains to whether the assessee became liable for gratuity payment under the Kerala Industrial Employees' Payment of Gratuity Act. The court examined the agreement (annexure "A"), which transferred the business of three factories to the assessee. The court concluded that the assessee, by taking over the factories and retaining the existing employees with continuous service, became the employer liable for gratuity payments under the Act. 2. The second issue addressed the determination of the assessee's liability for gratuity payment. The court referred to the definition of "employer" under the Act and established that the assessee, having control over the factories, was responsible for gratuity payments. The court upheld the provision made by the assessee for gratuity liability as justified. 3. Regarding the validity of the deduction claimed by the assessee for gratuity liability, the court cited a previous case to support the allowance of a deduction for the present value of contingent liability arising during the accounting period. The court agreed that prudent employers should make provisions for gratuity liabilities. 4. The court considered the actuarial valuation for the gratuity liability and directed the assessee to undergo such valuation for accurate quantification. The court emphasized the importance of actuarial valuation for liabilities to be discharged at a future uncertain date. 5. Lastly, the assessment of liability for gratuity accrued during the accounting year was discussed. The court clarified that the entire period of service by the employees in the factories, both before and after the transfer to the assessee, should be considered in determining the liability for gratuity payment. The court did not entertain new arguments raised post-tribunal proceedings. In conclusion, the court ruled in favor of the assessee on all issues, affirming their liability for gratuity payment and the validity of the deduction claimed. The court emphasized the importance of actuarial valuation for future liabilities and upheld the consideration of the entire service period for assessing gratuity liability.
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