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2017 (7) TMI 1372

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..... amount to its employees. It is also observed by the Tribunal that the assessee has been extending incentives to employees for the preceding years and the subsequent years also and the same is accepted by the Revenue. Tribunal has also relied on the Judgment of this Court in the cases of CIT Vs. Maina Ore Transport P. Ltd., [ 2008 (8) TMI 504 - BOMBAY HIGH COURT] and Shahzada Nand Sons [ 197 .....

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..... 2017 - S. V. Gangapurwala And A. M. Badar, JJ. Mr. Suresh Kumar a/w Ms. Samiksha Kanani, for the Appellant. Mr. Nitesh Joshi a/w Mr. P.C. Tripathi i/b Mr. Atul K. Jasani for the Respondent. P. C. : 1. The present matter pertains to the assessment year 20072008. 2. Mr. Suresh Kumar, learned Counsel for the appellant strenuously contends that the Tribunal was not justified .....

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..... d under the provisions of Section 63 of the Act. It is submitted that the ex gratia payment is made within the purview of Section 63 of the Act. The Tribunal has rightly considered the same. 4. We have considered the submissions. 5. Section 63 of the Act empowers the Board of Directors to approve payment of ex gratia amount to its employees. It is also observed by the Tribunal that the asses .....

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..... esent case, the practice of ex gratia payment is evident from the observations of the Tribunal. For the preceding year and the subsequent years the department has allowed deduction in respect of ex gratia payment. 7. Considering the aforesaid conspectus of the matter, no substantial question of law is arises in the present Appeal. The Appeal is dismissed. No costs. - - TaxTMI - TMITax - In .....

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