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2017 (2) TMI 1266

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..... fund subject to the condition that the Deed of Variation of aforesaid Superannuation Fund and the Gratuity Fund of the appellant company are approved by the Commissioner of Income-tax at time of giving effect to this order. If the Commissioner of Income-tax does not approve the Deed of Variation of aforesaid Superannuation Fund and the Gratuity Fund, the additions of ₹ 23,42,193/- and ͅ .....

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..... against the order of ld. Commissioner of Income Tax (Appeals)-XXIV, Kolkata dated 28.03.2013 for the assessment year 2009-10 on the following grounds:- (1) Whether on the facts and in the circumstances of the case, the ld. CIT(A)-XXIV, Kolkata has erred in deleting the addition of ₹ 23,42,193/- and ₹ 46,33,577/- on account of contribution to the Superannuation Fund and the Gratuit .....

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..... on of the assessing officer and also the submission of the Ld. AIR. During the course of the appellate proceedings, the Ld. AIR has explained that the gratuity fund of the appellant company is maintained with Life Insurance Corporation of India. During F.Y. 2008-09, the appellant company incurred ₹ 46,33,577/- on account of gratuity fund. The fund of the appellant company is in the name of .....

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..... b: Approval of Deed of Variation of Siemens VAI Metals Technologies Pvt. Ltd. Employees Superannuation Fund Siemens VAI Metals Technologies Pvt. Ltd. Employees Gratuity Fund. Ref: Your letter dated 23.01.2013. Sir, With reference to the captioned letter this to inform you that the matter is being considered and the approval of deed of variations are under process. The Ld. A/ .....

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..... ty Fund, the additions of ₹ 23,42,193/- and ₹ 46,33,577/- on account of contributions to the Superannuation Fund and the Gratuity Fund respectively are to be treated as confirmed. For statistical purpose, these grounds of appeal are allowed . 3. We do not find any infirmity in this order of the first appellate authority. The ld. CIT(Appeals) has directed the Assessing Officer to ve .....

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