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CS Professional · Advanced Direct Tax Laws and Practice · Computation of Total Income, Tax Liability and Filing of Returns of various Entities excluding Companies

Under the Income-tax Act, 2025, Sharma & Sons claimed a deduction in the tax year 2026-27 for ₹3,00,000 of employer contribution to a gratuity fund, which was paid after year-end but before the return due date, and was allowed in 2026-27 under section 37(3). In 2027-28 the firm records the same ₹3,00,000 as actually paid in its books. What is the position for 2027-28?

The sum is not allowed again in 2027-28. Section 37(5) provides that where a deduction for a section 37(2) sum has already been allowed in the year the liability was incurred, no further deduction is given in a later year when the amount is paid.

  1. A₹3,00,000 is allowed again in 2027-28
  2. B₹1,50,000 is allowed in 2027-28
  3. CThe sum is not allowed again in 2027-28Correct
  4. DIt is allowed if the 2026-27 claim is withdrawn, which is mandatory

Explanation

Section 37(5) says that if a deduction for a sum payable under sub-section (2) has already been allowed in the year the liability was incurred, it is not allowed again in a later year when paid. The 2026-27 deduction under sub-section (3) therefore precludes any second claim.

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