This appeal by special leave is directed against the judgment of the Bombay High Court declining to call for a reference from the Income tax Appellate Tribunal, In assessment proceedings for the assessment year 1972 73 the respondent claimed a deduction on account of provision made by it towards the gratuity payable to its employees, the amount so claimed being Rs.
The Appellate Assistant Commissioner allowed the appeal and directed the Income tax Officer to admit the claim made by the assessee.
Thereafter the Commissioner of Income tax applied to the Appellate Tribunal for a reference to the High Court, and the reference application having been dismissed by the Appellate Tribunal, the Commissioner then applied to the High Court for the same relief.
The claim having been disallowed by the Income tax Officer, the respondent appealed to the Appellate Assistant Commissioner.
The Income tax Officer appealed to the Income tax Appellate Tribunal but without success.
49,000/ obtained on the basis of an actuarial valuation.
