9911796707
TMI Blog1989 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... year 1975-76, the following question of law has been referred to this court: "Whether, on the facts and in the circumstances of the case, and having regard to the fact that the gratuity fund was approved with effect from March 27, 1976, the Tribunal was legally justified in holding that the conditions laid down in section 40A(7) of the Income-tax Act, 1961, were fulfilled and the assessee was en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ratuity fund was granted by the Commissioner of Income-tax, West Bengal-V, Calcutta, with effect from March 27, 1976. The Tribunal held that the conditions laid down in section 40A(7) of the Act were complied with and, therefore, the assessee was entitled to deduction of Rs. 4,27,781. It is not in dispute that the assessee had applied for the Commissioner's approval on December 30, 1975, in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee applied for the approval of the gratuity before the Commissioner of Income-tax, such approval was not accorded till the matter was heard by the Commissioner of Income-tax (Appeals). And that was the only ground on which the assessee's claim was rejected. Before the Tribunal, the assessee produced the aforesaid order of the Commissioner of Income-tax granting approval with effect from Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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