TMI Blog2004 (12) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... Executive Welfare Trust was hit by the provisions of section 40A(9)?" - Admittedly, the payments in question do not fall either under clause (iv) or clause (v) of sub-section (1) of section 36 - It also appears that the main grievance of the assessee, as can be seen from the order of the Income-tax Officer was that the provision of section 40A(9) having been brought in with retrospective effect w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred to us for our opinion: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the contributions made by the applicant in M/s. Raasi Cement Executives Welfare Trust was not deductible in computing' the income of the applicant? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate authority. On further appeal, the Income-tax Appellate Tribunal (ITAT) allowed the claim of the assessee for deduction regarding the contribution to M/s. Raasi Cement Employees' Welfare Trust. However, as regards the contribution to M/s. Raasi Cement Executives Welfare Trust, the Tribunal rejected the claim of the assessee. It held that the contribution neither pertained to the staff and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er any other law for the time being in force." By the said provision, only such deductions are to be allowed which are for the purposes and to the extent provided by or under clause (iv) or clause (v) of sub-section (1) of section 36 of the Act, or as required by or under any other law for the time being in force. There is no dispute that there is no law requiring the assessee to make such contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive effect was unconstitutional. There is no decision of the court, at least, no such decision has been brought to our notice, holding the said provision to be unconstitutional. In the light of the above, question No. 1 is answered in the affirmative, i.e., in favour of the Revenue and against the assessee. Question No. 2 is likewise answered in the affirmative, i.e., in favour of the Revenue an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
