Specific Provision u/s 40A(7)(b) prevails over S. 43B in Approved Gratuity Fund Deduction: Madras HC [Read Order]

The Madras HC ruled that when both provisions contain overriding clauses, the specific provision must take precedence over the general provision of the Income Tax Act
Specific Provision - Specific Provision Section 40A(7)(b) prevails - Section 43B in Approved Gratuity Fund Deduction - Gratuity Fund Deduction - Madras HC - taxscan

In a recent ruling, the Madras High Court clarified the legal interplay between Section 40A(7)(b) and Section 43B of the Income Tax Act, ruling that where contributions are made to an approved gratuity fund, the specific provision under Section 40A(7)(b) would prevail over the general provision of Section 43B, despite both sections containing non-obstante clauses….

Your free access to Taxscan has Expired

To read the article, get a premium account.

Taxscan Premium

Why should you subscribe?
  • Enjoy our website without interruptions from advertisements
  • Receive Daily newsletters
  • Receive realtime Telegram/Whatsapp news updates
  • Download original Judgements / Order / Notifications / Circulars, etc
  • Enjoy exclusive entry fees to Simplified series. (Webinars, Seminars, masterclasses, etc.)
  ₹2299 + GST for 1 year

Subscribe Now

Already a member? Log in here
taxscan-loader