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2014 (11) TMI 634 - HC - Income TaxEligibility for deduction on contribution to the Bata Workers’ Sickness Benefit Society – Effect of provisions of section 40A(9) – Allowability of deduction u/s 37(1) – Held that:- The Tribunal was rightly of the view that the assessee debited a sum as payment to Bata Workers Sickness Benefit Society (BWSBS) – in Bata India Ltd. Versus Deputy Commissioner Of Income-Tax [2002 (9) TMI 254 - ITAT CALCUTTA-A] the same issue has been decided - the contributions made by the assessee in performing the terms of the agreement was also compliance with the statutory requirements - The agreement does come within the meaning of settlement giving it binding force, levy of penalty for breach and recovery of non-payment in terms thereof as statutorily enforceable under the Industrial Disputes Act, 1947 - the contributions were made complying with the statutory requirement for providing medical benefits to the workers of the assessee under Standing Orders and Rules duly certified under the provisions of the Industrial Employment (Standing Orders) Act, 1946 is undisputed - by reason of the facilities provided by the assessee, the provisions of the Employees’ State Insurance Act does not apply to its Batanagar factory premises – the order of the Tribunal is upheld – Decided against revenue.
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