2021 (3) TMI 392

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....A.M. Madhavan Krishnan ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the assessee against the order dated 25-09-2018 passed by the Commissioner of Income Tax (Appeals)-7, Pune ['CIT(A)'] for assessment year 2011-12. 2. The only issue is to be decided is as to whether the CIT(A) justified in confirming the order of AO that disallowance made u/s. 36(1)(v) of the Act. 3. The bri....

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.... 4. The ld. AR, Shri Kishor Phadke drew our attention to the page No. 56 of the paper book and submitted that the assessee made an application dated 14-08-2008 to the CIT, Pune Circle, Pune for approval of Gratuity Scheme and we find at page No. 98 of the paper book that the Pr. CIT, Pune passed order dated 06-03-2017 granting approval for Employee's Group Gratuity Cum Life Assurance Scheme w.e.f....

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....application for granting of approval on 14.08.2008. However, the approval was only granted by the Pr. CIT on 06.03.2017. It is not the case of Ld. CIT(Appeals) that the application filed by the assessee on 14.08.2008 was incomplete, inadequate or not maintainable or the assessee was in fault for prosecuting the application. In our opinion, once the application filed by the assessee was fully compl....

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.... failure or delay in passing order of the application of the assessee on 14.08.2008. In our view, though the order of granting approval was passed on 06.03.2017, the same should have made effective from the date of 14.08.2008 or at least effective from 01.04.2009 because in our view 6 months time is sufficient for considering process of application for approval u/s.36(1)(v) of the Act." 6. Thus....