1988 (11) TMI 31

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..... pon a change in the law relating to provision for gratuity. In the assessment proceedings for 1973-74, provision of Rs. 23,340 which was payable as gratuity was allowed by the Income-tax Officer by his order of September 25, 1973. Later, however, taking note of the provisions of section 40A(7) of the Income-tax Act, 1961 (inserted by the Finance Act, 1975, with retrospective effect from April 1, .....

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..... sed by the Appellate Assistant Commissioner on September 16, 1976. The Tribunal, however, by its order of April 19, 1978, found in favour of the assessee upholding his objection to the validity of the reassessment. The reassessment framed was consequently vacated and the original assessment restored. The question referred for the opinion of this court is as under: "Whether, on the facts and in .....

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