exclusive benefit, of his employees under an irrevocable trust;"
"40A. (1) The provisions of this section shall have effect notwithstanding anything ... gratuity fund for the exclusive benefit of his employees under an irrevocable trust, the application for the approval of the fund having been made before
employer, (d) for the exclusive benefit of his employees under an irrevocable trust. There was no dispute raised by the Department that these conditions were ... exclusive benefit of its employees under an irrevocable trust will be allowable as a deduction. The prohibition contained in Section 40A(7) will not apply
Income-tax Officer on the ground that there was no irrevocable trust in respect of the said funds.
9. The Tribunal found that ... absence of an irrevocable trust the assessee had not lost its proprietary rights over such funds and mere investment of the paid funds in Government
capital asset, under a gift, or will, or an irrevocable trust. There is nothing before us to establish that the shares held by the assessee ... companies were transferred under an irrevocable trust. It is fairly well settled in law that once it is clear that a receipt is taxable
money had been paid to a fund constituted under an irrevocable trust and the contention apparently was that by the provisions of the deed ... thereafter appealed to the Tribunal and once again relied upon the irrevocable trust. On behalf of the Department it was con-tended that the trust
money had been paid to a fund constituted under an irrevocable trust and the contention apparently was that by the provisions of the deed ... thereafter appealed to the Tribunal and once again relied upon the irrevocable trust. On behalf of the Department it was contended that the trust
fulfilled. As no approved gratuity fund has been created under an irrevocable trust, deductions as claimed cannot be allowed. In the return, the assessee
exclusive benefit of his employees under an irrevocable trust". Section 37 of the Act under which this deduction is claimed provides that any expenditure ... exclusive benefit of his employees under an irrevocable trust. This argument is plainly incorrect because Section 36 deals with expenditure deductible from
under a deed of gift, bequest, will or transfer on irrevocable trust shall not, for the purposes of this section, be treated as sale, exchange
trust in question was revocable or not. Clause 8 of the trust deed gives an uncontrolled power to the trustees to invest the trust property ... also made liable to pay a business debt. He created an irrevocable trust in respect of 100 shares and the income of the trust after