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Issues: Allowability of provision for gratuity under section 40A(7) of the Income-tax Act, 1961.
In this case, the assessee made a provision for gratuity amounting to Rs. 10,115, which was claimed as a deduction. The Income Tax Officer (ITO) disallowed the claim, stating that the amount was not due for retired employees and had not become payable. The ITO emphasized that no specific gratuity fund had been formed as per rules. On appeal, the Commissioner (Appeals) allowed the claim, considering it as an allowable business expenditure. However, the revenue appealed against this decision, arguing that the provision did not meet the conditions of section 40A(7) of the Income-tax Act, 1961. The Tribunal analyzed the provisions of section 40A(7) which govern the allowability of provisions for gratuity since the assessment year 1973-74. It noted that section 40A(1) specifies that its provisions would have effect notwithstanding anything contrary in other sections of the Act. Referring to case law, the Tribunal highlighted that gratuity deductions must adhere to the conditions of section 40A(7), as established in previous judgments such as Peoples Engg. & Motor Works Ltd. v. CIT and CIT v. Andhra Prabha (P.) Ltd. The Tribunal further explained that under section 40A(7)(a), no deduction is allowed for gratuity provisions unless certain conditions are met. Specifically, clause (b)(i) provides an exception for contributions towards an approved gratuity fund or for gratuity payments due in the previous year. Since the assessee had not created an approved gratuity fund and no gratuity had become payable during the year in question, the conditions of clause (b)(i) were not fulfilled. The Tribunal distinguished previous cases cited by the assessee, noting that they were not applicable as they pertained to assessment years where section 40A(7) did not apply. Ultimately, since the conditions of section 40A(7) were not satisfied, the Tribunal reversed the decision of the Commissioner (Appeals) and disallowed the deduction of Rs. 10,115 for the provision of gratuity. Consequently, the appeal by the revenue was allowed, and the addition of Rs. 10,115 was restored.
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