1993 (7) TMI 54

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....been made at the instance of the assessee and the following question has been referred to this court under section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the provisions of section 40A(7) of the Act apply in respect of the provision of (a) Rs. 22,35,637 for the assessment year 1973-74, an....

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.... court. In fact, it sought time till May 31, 1984, for that purpose. But till today, the paper books are not filed. But as we find that the question referred to this court is covered by a decision of the Supreme Court in Shree Sajjan Mills Ltd. v. CIT [1985] 156 ITR 585, we are dispensing with the requirement of filing paper books and have thought it fit to proceed with the reference on the merits....

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....provision of gratuity while computing the total amount on the ground that the conditions prescribed by section 40A(7)(b)(ii) were not fulfilled and, therefore, the said claim could not be allowed. For the same reasons, the claim of the assessee for the subsequent assessment years was also disallowed. The assessee then preferred two separate appeals to the Appellate Assistant Commissioner. The Appe....