The Commissioner Of Income Tax vs Kerala Livestock Development … on 24 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 1644 of 2009()


1. THE COMMISSIONER OF INCOME TAX,
                      ...  Petitioner

                        Vs



1. KERALA LIVESTOCK DEVELOPMENT BOARD LTD
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH, SC, FOR INCOME TAX

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :24/09/2009

 O R D E R
                C .N. RAMACHANDRAN NAIR &
                        V.K. MOHANAN, JJ.
                --------------------------------------------
                      I.T.A. No. 1644 OF 2009
                --------------------------------------------
             Dated this the 24th day of September, 2009

                             JUDGMENT

Ramachandran Nair, J.

The question raised is whether the Tribunal was justified in

allowing provision for gratuity. Even though standing counsel

submitted that the provision cannot be allowed, we notice from the

Tribunal’s order that the liability was ascertained through actual

valuation. Further there is nothing to doubt the genuineness of the

claim because the assessee is an organisation under the control of the

Government engaged in livestock development. We therefore dismiss

the appeal.

(C.N.RAMACHANDRAN NAIR)
Judge.

(V.K. MOHANAN)
Judge.

kk

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