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2004 (12) TMI 55 - HC - Income Tax"1. Whether 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 Tribunal was correct in law in holding that the 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 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 – Thus, both questions are answered in the affirmative, i.e., in favour of the Revenue and against the assessee.
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