1993 (10) TMI 4

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....evenue, the Income-tax Appellate Tribunal ("the Tribunal", for short) has referred the following questions for our opinion : " 1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in confirming the order of the Appellate Assistant Commissioner to allow the deduction of Rs. 20,00,000 being the amount transferred to the gratuity fund ap....

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....1,36,320 of the assessee, Shri Yamuna Mills Company Ltd., Baroda. The total income of the assessee included provision for gratuity of Rs. 23 lakhs. After the assessment was finalised, the assessee, by its application dated March 30, 1977, applied for rectification under section 155(13) of the Income-tax Act, 1961, on the ground that the assessee had fulfilled the conditions laid down under section....

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....lled all the conditions stipulated in section 40A(7)(b)(ii). The Assistant Commissioner of Income-tax took the view that in the normal course, it was unnecessary to go into the question of "incremental liability". He, however, went into that question and held that not only the provision for any particular previous year would be covered by section 40A(7) but also provision made for earlier years wo....

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....rder dated December 29, 1980, in Income-tax Application No. 104 of 1980 passed by the Tribunal, at the instance of the Revenue, the aforesaid questions are referred for our opinion. In Income-tax Reference No. 302 of 1981--CIT v. Petlad Turkey Red Dye Works Co. Ltd. [1995] 212 ITR 453, decided on October 4, 1993, we have dealt with a similar contention and upheld the order passed by the Tribuna....