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2016 (5) TMI 354 - AT - Income TaxAddition as fringe benefits u/s 115WB(1)(c) - contribution to the Employees Provident Fund Organisation towards employees Pension Scheme, 1995 - Held that:- The CBDT vide its CIRCULAR NO. 8/2005, dt: 29-8-2005 has clarified that the contribution to approved gratuity fund or provident fund was not chargeable to FBT. In view of the above discussions, we hold that contributions made to the Employees Provident Fund under the Employees Pension Scheme,1995 which is a statutory contribution as framed by the Government of India exercising the powers conferred on it by section 6A of the provisions of the Employees Provident Fund & Miscellaneous Act, 1952 is not a superannuation fund as defined u/s. 2(6) of the Act. Therefore addition made by the AO towards fringe benefits u/s.115WB(1)(c) of the Act is not sustainable. Accordingly, We confirm the order of CIT-A and the ground raised by Revenue is dismissed. - Decided in favour of assessee
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