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2017 (2) TMI 1266

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....was, CIT, D.R. For the Assessee : Akshata Mehta, A.R. and Jai Sahi, A.R. ORDER J. Sudhakar Reddy (Accountant Member) This appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-XXIV, Kolkata dated 28.03.2013 for the assessment year 2009-10 on the following grounds:- "(1) Whether on the facts and in the circumstances of the case, t....

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....ta Mehta, ld. counsel for the assessee. The first appellate authority in his order at para 2.3 observed as follows:- "2.3. I have carefully considered the above observation of the assessing officer and also the submission of the Ld. AIR. During the course of the appellate proceedings, the Ld. AIR has explained that the gratuity fund of the appellant company is maintained with Life Insuran....

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.... AIR has also furnished a copy of the letter No. CIT Kol-I/GF/SF/12- 13/7390 dated 18.02.2013 issued by the A.C.LT. Hqrs-1, Kolkata which is reproduced as under:- "Sub: Approval of Deed of Variation of Siemens VAI Metals Technologies Pvt. Ltd. Employees Superannuation Fund & Siemens VAI Metals Technologies Pvt. Ltd. Employees Gratuity Fund. Ref: Your letter dated 23.01.2013. ....

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....issioner of Income-tax at time of giving effect to this order. If the Commissioner of Income-tax does not approve the Deed of Variation of aforesaid Superannuation Fund and the Gratuity Fund, the additions of Rs. 23,42,193/- and Rs. 46,33,577/- on account of contributions to the Superannuation Fund and the Gratuity Fund respectively are to be treated as confirmed. For statistical purpose, these gr....