2002 (10) TMI 9

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....essee is a company deriving income mainly from the business of running a textile mill. The assessment of the respondent for the year 1992-93 was completed on a total income of Rs. 67,09,434 as against Rs. 61,36,906 disclosed in the return. This difference in the income assessed is on account of the disallowance of the claim for deduction of the contribution to the employees' gratuity fund not paid....

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....ion is allowable only when the payment is made during the relevant previous year. Since the payment of gratuity made on July 3, 1991, is within the previous year relevant to the assessment year 1992-93, the deduction may be allowed in that assessment year, i.e., assessment year 1992-93." The Tribunal, without any discussion in the matter, allowed the claim of the assessee relying on an earlier ....

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....R 114 (Ker). We find that this court has considered the issue with reference to the provisions of section 43B of the Explanation thereto and the provisions of section 36(l)(va) in the Explanation and held as follows: "The expression 'due date' means the time stipulated for payment. As per the Explanation to clause (va) for the purpose of the clause, 'due date' means the date by which the assess....

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.... cannot be said that payment g made beyond the due date also qualifies for deduction, in view of the prescription in the main provision itself. Had that been the legislative intent, there was no necessity to enact the proviso. The Legislature in its wisdom has incorporated the proviso and it cannot be said to be without a purpose. There is nothing repugnant between the main provision and H the pro....