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1 - 10 of 20 (0.34 seconds)Section 37 in The Income Tax Act, 1961 [Entire Act]
THE PAYMENT OF GRATUITY ACT, 1972
Section 28 in The Income Tax Act, 1961 [Entire Act]
The Companies Act, 1956
The Income Tax Act, 1961
Peoples Engineering & Motor Works Ltd. vs Commissioner Of Income-Tax on 4 August, 1980
The aforesaid difficulties in accepting the contentions
urged on behalf of the assessee were highlighted by the
Calcutta High Court in the case of Peoples Engineering &
Motor Works Ltd. v Commissioner of Income-Tax West Bengal-
II, (supra). It was pointed out that payment of gratuity was
a statutory liability created under the Payment of Gratuity
Act, 1972. It could normally be said to have arisen for the
carrying on of business. However, for gratuity to be
deductible under the Act, must fulfil the conditions laid
down in section 40A(7). The deduction could not be allowed
on general principles under any other section of the Act
because sub-section (1) of section 40A makes it clear that
the provisions of the section shall have effect notwith
standing anything to the contrary contained in any other
provision of the Act relating to the computation of income
under the head "Profits and gains of business or profession"
Mental Box Co. Of India Ltd vs Their Workmen on 20 August, 1968
The submission of the assessee is that if no provision
is made by the assessee for gratuity, still the same will be
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deductible and section 40A(7) will have no application,
would defeat the very purpose and object of section 40A(7)
and render it nugatory. The interpretation as suggested by
the assessee would entitle the assessee who made no
provision to claim deduction whereas an assessee who made a
provision would not get deduction unless the requirements
laid down in the sub-section are fulfilled.
Kedarnath Jute Mfg. Co. Ltd vs Commissioner Of Income Tax, Central ... on 17 August, 1971
Kedarnath Jute Mfg. CD. Ltd. v. C.I.T. referred to
hereinbefore dealt with a different situation. The accrual
of sales-tax liability in that case did not depend on the
option of the assessee to make or not to make it for the
year.