THE KASAULI CLUB,SOLAN vs. INCOME TAX OFFICER, EXEMPTION WARD, , SOLAN

The assessee made provision for gratuity as per actuarial valuation. The CPC made the said disallowance as per reporting of Tax Auditor. Upon further appeal, Ld. CIT(A) upheld the disallowance on the ground that in terms of provisions of Sec.40A(7), any provision for payment of gratuity is not allowable as deduction. Aggrieved, the assessee is in further appeal before us.

It is undisputed fact that the assessee has made a mere provision for gratuity which is not allowable u/s 40A(7)(a). The clause (b) to s.40A(7) provide that clause (a) shall not apply in relation to any provisions as made by the assessee for the purposes of payment of a sum by way of an contribution towards an approved gratuity fund or for the purpose of any gratuity that has become payable during the previous year. Nothing has been established before us that the said provision is on account of contribution to approved gratuity fund. Therefore, the deduction could not be allowed to the assessee either under clause (a) or under clause (b). However, Ld. AR has made a limited prayer that the assessee has paid sum of Rs.2,52,710/- towards LIC premium and another amount of Rs.3,09.268/- has actually been paid on account of gratuity which has been debited to this provision. The Ld. AR has stated that the deduction to that extent could be allowed to the assessee. Considering the new plea of Ld. AR, we direct Ld. CIT(A) to adjudicate the issue of these two payments by considering the factual matrix with a direction to the assessee to plead and prove its case to that extent. For that limited purpose, the appeal stand restored back to Ld. CIT(A) accordingly. The remaining disallowance as made by CPC stand confirmed.

The appeal stand partly allowed for statistical purposes. Order pronounced on 20th November, 2025.