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2016 (2) TMI 1315 - AT - Income TaxContribution made by the assessee to the superannuation fund - allowable revenue expenses u/s 37(1) - HELD THAT:- Admittedly, the assessee was established by the State Government. By a Government Order, the State Government gave option to the employees of the erstwhile Port Department to work under the assessee-board. The Government categorically clarified that the employees who opted to work under the assessee-board would have the same tenure, remuneration, rights and privileges as to pension and gratuity. The Government employees who were transferred to the assessee-board will have the same rights and privileges in respect of superannuation and pension. The contribution made by the assessee to the superannuation fund has to be allowed atleast u/s 37 of the Act as found by the Madras High Court in Kattabomman Transport Corporation Ltd [1998 (9) TMI 2 - MADRAS HIGH COURT] - Absorption of the Government employees by the assessee-board will not make any distinction in respect of payment for superannuation fund. Therefore, this Tribunal do not find any error in the order dated 21.8.2015 much less a prima facie error. There is no merit at all in the miscellaneous petition filed by the Revenue. Accordingly, the same is dismissed.
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