Contribution to non-statutory fund under section 40A(9)

An assessee contributed to unapproved gratuity fund from P.Y 2001-02 to 2008-09. Assessing Officer disallowed such contribution. On an application to Commissioner to Income tax the group gratuity fund get recognised and becomes approved gratuity fund with effect from 18.012.2002. Query:whether the assessee can claim deduction for contributions made from the previous year 2002-03 in the year of recognition, which were earlier disallowed by the AO, If yes under which section of The Income Tax Act, 1961. Please mention the relevant case laws.



There is no provision of revising the Return after the one year from the end of A.Y.

However even though unapproved u can still clam the deduction when actual payment is made to the Employee.





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