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    <title>1962 (4) TMI 132 - ALLAHABAD HIGH COURT</title>
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    <description>Whether a payment characterised the transferee company&#039;s liability under a business transfer or was an expenditure incurred in the ordinary course for employee remuneration was determinative; the claimant bore the burden to prove a pre existing scheme, practice or undertaking that gratuity formed part of remuneration or that the payment was wholly and exclusively for business purposes, and led no such evidence. The court treated the payment as isolated ex gratia and therefore of capital character, concluding it was not admissible as a deduction under the relevant income tax provision.</description>
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    <pubDate>Tue, 24 Apr 1962 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=289183</link>
      <description>Whether a payment characterised the transferee company&#039;s liability under a business transfer or was an expenditure incurred in the ordinary course for employee remuneration was determinative; the claimant bore the burden to prove a pre existing scheme, practice or undertaking that gratuity formed part of remuneration or that the payment was wholly and exclusively for business purposes, and led no such evidence. The court treated the payment as isolated ex gratia and therefore of capital character, concluding it was not admissible as a deduction under the relevant income tax provision.</description>
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      <pubDate>Tue, 24 Apr 1962 00:00:00 +0530</pubDate>
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