COMMISSIONER OF INCOME TAX Vs. LOK PRAKASHAN LTD

JUDGEMENT

(1.) INCOME Tax Appellate Tribunal, Ahmedabad Bench-A has referred the following question at the instance of the Revenue under sec. 256 (1) of the Income Tax Act, 1961 ('the Act' ).

(2.) THE assessment year is 1982-83 and the relevant accounting period is the financial year ended on 31. 3. 1982. Heard Mrs. M. M. Bhatt learned Standing Counsel for the applicant " Revenue. Though served, none appears for the respondent-assessee.

(3.) MRS Bhatt has fairly invited attention to the fact that similar claim of gratuity payment was made in earlier assessment year and the Assessing Officer having followed his own order for earlier years disallowed the claim on the ground that as the assessee was following cash system in respect of the gratuity from 1977-78 onwards amount of Rs. 4,49,100/- cannot be allowed in the year under consideration but is allowable as and when payment is actually made to the employees. The Tribunal has followed its own order for earlier assessment year. Mrs. Bhatt has invited attention to the unreported judgment of this Court dated 18. 2. 2003 between the same parties in Income Tax Reference No. 10 of 1989, wherein, identical issue was raised.