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    <title>2021 (6) TMI 252 - ITAT AHMEDABAD</title>
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    <description>Deduction for contribution to an employee gratuity fund was allowed under section 36(1)(v) because the fund was structured as an irrevocable trust for the exclusive benefit of employees, with no employer control over the corpus. The assessee had created the trust, secured LIC coverage, and applied for approval long before the relevant year; approval was later granted only from a subsequent date. Applying the statutory scheme and the underlying principle that approved employee benefit funds must be beyond employer dominion, the later effective date of formal approval did not justify disallowance where the approval process had already been initiated and the purpose of the provision was otherwise satisfied.</description>
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      <link>https://www.taxtmi.com/caselaws?id=408356</link>
      <description>Deduction for contribution to an employee gratuity fund was allowed under section 36(1)(v) because the fund was structured as an irrevocable trust for the exclusive benefit of employees, with no employer control over the corpus. The assessee had created the trust, secured LIC coverage, and applied for approval long before the relevant year; approval was later granted only from a subsequent date. Applying the statutory scheme and the underlying principle that approved employee benefit funds must be beyond employer dominion, the later effective date of formal approval did not justify disallowance where the approval process had already been initiated and the purpose of the provision was otherwise satisfied.</description>
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