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Provision for gratuity

Provision for gratuity legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 PTD 1101 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN Judicial Precedent
Ss. 34(3), 32 & 122(5A)Accrual-basis accountingProvision for gratuityDisallowance of

Revenue contended that provisions for gratuity was correctly disallowed by the assessing officer as same were not admissible deduction; and that First Appellate Authority was not justified in deleting the addition, without appreciating that the actual payment made during the year was allowed

Taxpayer contended that claim of gratuity charged to cash flow statement was on the basis of actual and determined liability for the year which had been worked out on the basis of salary of each employee; that observations of assessing officer were neither correct, nor based on facts and law for the reason that the claim of gratuity being a determined and ascertained liability under Ss.32 & 34(3) of the Income Tax Ordinance, 2001, the claim was never disallowed

Appellate Tribunal confirmed the finding of First Appellate Authority and that of the Department was dismissed.

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Precedents & Case Laws citing "Provision for gratuity"

PTD 1997
Tax Cases Nos.884 to 886 and References Nos.586 to 588 of 1982, decided on 23rd February, 1996.

1997 P T D 1277

COMMISSIONER OF GIFT TAX Versus K. MAHESH and others

Court: 223 ITR 765
PTD 1984
Income‑tax Cases Nos. 1133, 1142 and 1249 of .1979, decided on 6th December, 1982.

1984 P T D 18

COMMISSIONER OF INCOME‑TAX Versus SITALAKSHMI MILLS LTD.

Court: Madras High Court
PTD 1981
I. T. A. No. 627/K8 of 1979‑80, decided on 26th May, 1981.

1981 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal
PTD 1995
Civil Appeal No. 5850 of 1983, decided on 9th September, 1993.

1995 P T D 204

COMMISSIONER OF INCOME-TAX Versus GARWARE SYNTHETIC BRISTLES

Court: 205 I T R 426
PTD 1995
Matter No. 1463 of 1987, decided on 20th August, 1993.

1995 P T D 719

JIT PAUL (HUF) and others Versus COMMISSIONER OF WEALTH TAX

Court: 209 I T R 675
PTD 2006
Income Tax Appeal No.368 of 1999, decided on 6th December, 2005.

2006 P T D 460

COMMISSIONER OF INCOME TAX, COMPANIES-I, KARACHI Versus Messrs M. M. SILK MILLS LIMITED, KARACHI

Court: Karachi High Court
PTD 1994
Reference Applications Nos. 122/KB to 125/KB of 1993-94, decided on 5th April, 1994.

1994 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal Pakistan
PTD 2001
Income‑tax Reference No.58 of 1979, decided on 7th December, 1999.

2001 P T D 3803

COMMISSIONER OF INCOME‑TAX Versus RAJDEV SINGH & CO.

Court: 241 I T R 984
PTD 1994
R. As. Nos. 122/KB to 125/KB of 1993-94, decided on 5th April, 1994.

1994 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal Pakistan
PTD 1987
(1982) 46 Tax 4 (Trib); I.T.A. No.1000/KB of 1977-78 etc. recorded on 25th September, 1978; I . T . A No.958-A / K B of 1982-83 recorded on 8th January, 1986; I.T.A. No.993/KB of 1981-82 etc. decided on 11th July, 1985; I.T.A. No.1000/KB of 1977-78; 44 Tax 62 (Trib); I.T.A. No.993/KB of 1981-82 and I.T.A. No.958-.a/KB of 1982-83 ref.

1987 P T D (T rib) 668

N/A

Court: Income-tax Appellate Tribunal