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TMI Blog1980 (11) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... ares. The details of these expenses are as under: Particulars Amount Printing charges of coupons Rs. 639.88 Printing charges of shares Rs. 3,434.40 Printed envelopes Rs. 811.00 Printed covers. Rs. 5,00.00 Stamp expenses. Rs. 1,371.75 Postage Rs. 5,850.30 Total Rs. 17,127.41 In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided on 25th Jan., 1976. In that case, the assessee incurred the expenditure on postage for sending the right shares to the existing shareholders. The Tribunal held that though the expenses might not be related to the earnings of profit of the business transaction proper as such they are nevertheless expenses incurred ordinarily and in the course of business and for the purpose of carrying on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the CIT erred in confirming disallowance of Rs. 10,79,935 being provision of gratuity claimed by the assessee on the working of the report of the actuary. It is urged on behalf of the assessee that in view of the provisions of ss. 28,29 and 36/37, and as the assessee is following mercantile system of accounting, and as payment of gratuity had become due and ascertained liability, the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E.P. Bombay in that case, the claim of the assessee was upheld because on provision was made in the accounts of the assessee for any liability in respect of gratuity. The decision by the larger Bench of the Tribunal at Madras reported in (1979) 13 CTR (Trib) 1 (Nov., 1979) was given on the facts of its own case. Following, with respect, the decisions of the Tribunal in ITA No. 2095/Bom/1976-77 dt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucing necessary proof of exemption relating to the accounting year. The CIT(A) also has directed the ITO to do the needful if the exemption certificate for the year under appeal was produced before the ITO. Shri Shah stated that the assessee would take necessary steps for obtaining the exemption certificate. The claim for relief under s. 80F in the absence of such exemption certificate was not pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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