1998 (6) TMI 44

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....---The question referred to us at the instance of the Revenue is, as to whether the assessee, a manufacturer of textiles which had failed to fulfil the conditions laid down in section 40A(7)(b)(ii) of the Income-tax Act, 1961, is entitled to the benefit of the deduction of the amount actually remitted which fell far short of the amount required to be remitted to the approved gratuity fund, as a de....

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.... before March 31, 1977. The provision made for the years 1973-74 and 1974-75 being covered by the payment of Rs. 5,20,000, deduction has been allowed for those two years. However, for the assessment year 1975-76, though the provision made was for Rs. 2,97,173, the amount that could be taken to have been remitted for that year amounted to only Rs. 40,978, that amount being the balance left after de....

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.... all the conditions laid down therein. The conditions are spelt out in section 40A(7)(b)(ii) (1), (2) and (3). Sub-clause (3) of clause (ii) of section 40A(7)(b) of the Act requires that a sum equal to at least 50 per cent. of the admissible amount or where any amount utilised out of such provision for the purpose of payment of any gratuity is paid before April 1, 1976, the balance of the admissib....