Law:

Section:

Section 36(1)(v), read with section 256 of the Income-tax Act, 1961 - Gratuity fund, contribution towards an approved - Tribunal reduced chargeable profits of assessee on account of contribution to employees' gratuity fund - Whether question of law arose from aforesaid order of Tribunal - Held, yes FACTS The Tribunal upheld the AAC's order reducing the chargeable profits on account of contribution to the employees' gratuity fund. On application under section 256(2): HELD A question of law did arise from aforesaid order passed by the Tribunal. CASE REVIEW Shree Sajjan Mills Ltd. v. CIT [1985] 156 ITR 585 (SC) followed and relied upon. CASES REFERRED TO Shree Sajjan Mills Ltd. v. CIT [1985] 156 ITR 585 (SC). JUDGMENT N.D. Ojha, Actg., CJ.-This application under section 256(2) of the Income-tax Act, 1961, was dismissed by a Division Bench of this court on January 2, 1978. Against that judgment, Civil Appeal No. 764 of 1979 was preferred by the Commissioner of Income-tax before the Supreme Court. The said Civil Appeal has been allowed on March 12, 1986. The…

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