LAWS(SC)-1992-3-77

P SATHRUGHAN PILLAI Vs. COMMISSIONER OF WEALTH TAX

Decided On March 10, 1992
P.SATHRUGHAN PILLAI Appellant
V/S
COMMISSIONER OF WEALTH TAX Respondents

JUDGEMENT

(1.) The question raised in these appeals which are under the wealth Tax Act, 1957, is whether the liability for payment of gratuity to employees in terms of the Kerala Industrial Employees (Payment of Gratuity 1970, is deductible as a debt owing on the valuation date. The High court has applied the decision of this court in the case of Standard Mill Ltd. V/s. CUT [1967] 65 ITR 470 SC, the principle of which was reiterated in Bombay Dyeing and Manufacturing Co. Ltd. V/s. CWT [1974] 95 ITR 603 (SC). Learned counsel for the appellants seeks to persuade us to reconsider the decision in the case of Standard Mills Co. Ltd. [1967] 65 ITR 470 Apart from the fact that we see no reasons to doubt the correctness of this decision which has held the field for about 25 years and has also been reaffirmed in the subsequent decision of this court, we are also informed that the stakes involved in the present appeals are only a few hundred rupees each. In these circumstances, we do not think that there is any justification to think of reconsidering the said decision. The appeals therefore, fail and stand dismissed. There will be no order as to costs.