1989 (6) TMI 16

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....f the Income-tax Act, 1961, for the assessment year 1975-76, the following question of law has been referred to this court: "Whether, on the facts and in the circumstances of the case, and having regard to the fact that the gratuity fund was approved with effect from March 27, 1976, the Tribunal was legally justified in holding that the conditions laid down in section 40A(7) of the Income-tax A....

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....bunal found that the recognition to the approved gratuity fund was granted by the Commissioner of Income-tax, West Bengal-V, Calcutta, with effect from March 27, 1976. The Tribunal held that the conditions laid down in section 40A(7) of the Act were complied with and, therefore, the assessee was entitled to deduction of Rs. 4,27,781. It is not in dispute that the assessee had applied for the Co....

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....he gratuity fund only on the ground that although the assessee applied for the approval of the gratuity before the Commissioner of Income-tax, such approval was not accorded till the matter was heard by the Commissioner of Income-tax (Appeals). And that was the only ground on which the assessee's claim was rejected. Before the Tribunal, the assessee produced the aforesaid order of the Commissioner....