1993 (10) TMI 18

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..... late Tribunal has referred the following two questions for our opinion: "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in confirming the finding of the Appellate Assistant Commissioner that the conditions in section 40A(7)(b) were complied with and, consequently, the assessee was entitled to deduction in respect of the provision of Rs. 62,6 .....

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..... would be rectified under section 155(13) of the Act on fulfilment in time by the assessee of the conditions laid down in clause (b) of section 40A(7) of the Act. Before the Appellate Assistant Commissioner, with regard to the gratuity provision of a sum of Rs. 62,660, it was contended that the Commissioner of Income-tax, Gujarat IV, Ahmedabad, had accorded recognition to the gratuity fund retrospe .....

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..... . The order of the Appellate Assistant Commissioner dated April 29, 1977, was challenged before the Income-tax Appellate Tribunal, Ahmedabad. The Tribunal arrived at the conclusion with regard to the gratuity provision that the facts in the present case are similar to those in the case of Gaskets and Radiators Pvt. Ltd., decided by the Tribunal on October 27, 1978, and no new arguments were advan .....

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