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Issues:
1. Allowance of penalty paid to municipal corporation as deduction. 2. Allowance of retrenchment compensation and gratuity as deductible expenses. Detailed Analysis: Issue 1: The first issue in this appeal pertains to the deduction of penalty paid to the municipal corporation. The Commissioner (Appeals) allowed the deduction, which was challenged by the department. The Tribunal upheld the decision of the Commissioner (Appeals) based on a previous Tribunal order favoring the assessee. The ground raised by the department was rejected, and the deduction was allowed. Issue 2: The second issue involves the allowance of retrenchment compensation and gratuity as deductible expenses. The assessee, a limited company engaged in various business activities, claimed these expenses related to the closure of its processing business. The Income Tax Officer disallowed the claim on the basis that the processing business was closed. However, the Commissioner (Appeals) allowed the claim, considering it as incidental to the business still being carried on by the assessee. The Tribunal agreed with the Commissioner (Appeals), emphasizing that the processing business was not independent but part of the overall business activities. The expenses were deemed necessary for keeping the business profitable, and hence, deductible. The Tribunal differentiated this case from precedents involving closure of independent businesses, emphasizing the interlinked nature of the assessee's activities. In conclusion, the Tribunal dismissed the appeal, upholding both the deduction of penalty paid to the municipal corporation and the allowance of retrenchment compensation and gratuity as deductible expenses related to the closure of a specific business department while the overall business operations continued. The decision was based on the interlinked nature of the business activities and their necessity for maintaining profitability.
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