2018 (9) TMI 1408

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....ssee supporting the order of the Ld.CIT(A) for the assessment year 2012-13 and 2013-14. Since the grounds raised in the appeals are common, these appeals are heard together and a common order is being disposed of for the sake of convenience as under. 2. All the grounds of appeal are related to the disallowance of payment of Rs. 50,00,000/- for the assessment year 2012-13 and 2013-14 by the Assessing Officer (AO) u/s 36(1)(v) r.w.s 40A(7) of the Act relating to the contribution to gratuity fund to Life Insurance Corporation of India. 3. The AO made the addition observing that the assessee has made the payment to LIC Group Gratuity fund which has not been approved by the CCIT/CIT, hence it is not allowable as per section36(1)(v) r.w.s 40A(7....

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.... holding that the assessee is entitled for deduction for payment of gratuity to LIC on actual payment basis. For the sake of clarity and convenience, we extract relevant part of the order of Ld.CIT(A) which reads as under : 4.4. Upon search of the official website of the ITAT, namely,www.itat.gov.in. the order of ITAT, Visakhapatnam dated 25/01/2018 in ITA Nos. 49,50,78,476/VizagJ2012, 515,524/Vizag/2014, 269/Vizag/2015 &CO 33/Vizag/2013 &CO 29/Vizag/2015 has been found, which is downloaded. In paragraphs 8 to 11 of the order, the ITAT, Visakhapatnam discussed the decision part on this issue. For the sake of ready reference, relevant part of para 10 is reproduced below:- "10. In the case of Verizon Data Services India Pvt Ltd (supra) t....