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Acit, New Delhi vs M/S. At & T Communication Services India ... on 26 March, 2019 cites

M/S. W. T. Suren & Co. Ltd vs The Commissioner Of Income Tax. Bombay on 23 February, 1998

Apart from this, reliance has been placed on the judgment of Hon'ble Apex Court in the case of W.T. Suren & Co. Ltd. (1988) 230 ITR 643 (SC) for the proposition that where the employees are transferred from one unit to another with continuity of services, payment of gratuity to transferee could be allowed as deduction 36 ITA 1015 & 1779/D/2015 Assessment year 2008-09 in the hands of the assessee. On the other hand, it is the contention of the department that the Ld. DRP has noted that the taxpayer had not been forthcoming in bringing out the relevant facts on record to enable adjudication of the issue in proper perspective. It has been noted by the Ld. DRP that in the absence of relevant facts, it could not be said that the impugned amount had become payable during the year under consideration and was therefore allowable u/s 40 A(7)(b) of the Act. The Ld. DRP has also noted that the judgment of the Hon'ble Apex Court in the case of W.T. Suren & Co. Ltd. (supra) pertained to the 1922 Act in which there was no provision equivalent to section 40A(7) of the 1961 Act. On an overall consideration of the facts, especially in view of the submissions of the Ld. AR that no deduction has been claimed by the transferee company in this regard and further the payment of gratuity of transferred employees had been paid through banking channels which could be evidenced from the bank statement coupled with the fact that the Ld. DRP has noted that the taxpayer had not been forthcoming in bringing relevant facts on record to facilitate the adjudication, in our considered opinion, ends of justice would be met if this issue is also restored to the file of the Assessing Officer 37 ITA 1015 & 1779/D/2015 Assessment year 2008-09 for examining them afresh and thereafter passing an order in accordance with law. We deem it fit to restore this issue also to the file of the Assessing Officer with the direction to the Assessing Officer to re-examine the issue and pass appropriate orders in accordance with law after giving due opportunity to the assessee to present its case. We also direct the assessee to cooperate with the assessing authority and furnish all the relevant details and documents when called upon to do so by the Assessing Officer failing which the Assessing Officer shall be at liberty to proceed ex parte qua the assessee and pass appropriate orders in accordance with law.
Supreme Court of India Cites 32 - Cited by 13 - D P Wadhwa - Full Document
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