Tribunal held that, payment to a gratuity fund on a date prior to date of approval of a gratuity fund. Deduction cannot be denied . Followed ,CIT v. Jaipur Thar Grameen Bank(2016) 388 ITR 228( Raj) (HC) . Tribunal observed that , notwithstanding the effective date of approval set out by the Commissioner in his approval order, the approval granted to the employees’ gratuity trust must be treated as effective from date of set-up of trust and, on that basis, the contribution made by the assessee to the said trust was held to be admissible as deduction under S. 36(1)(v) of the Act.
Prakash Software Solution (P) Ltd. v. ITO (2018) 161 DTR 9 / 191 TTJ 64(Ahd.) (Trib)
S. 36(1)(v); Contribution approved gratuity fund -Payment to a gratuity fund on a date prior to date of approval of a gratuity fund- Deduction cannot be denied .