1988 (11) TMI 31

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....livered by S. S. SODHI J.-The matter here concerns the reopening of an assessment consequent upon a change in the law relating to provision for gratuity. In the assessment proceedings for 1973-74, provision of Rs. 23,340 which was payable as gratuity was allowed by the Income-tax Officer by his order of September 25, 1973. Later, however, taking note of the provisions of section 40A(7) of th....

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....iously allowed amount for gratuity of Rs. 23,340. An appeal against this order was also later dismissed by the Appellate Assistant Commissioner on September 16, 1976. The Tribunal, however, by its order of April 19, 1978, found in favour of the assessee upholding his objection to the validity of the reassessment. The reassessment framed was consequently vacated and the original assessment restored....