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2017 (5) TMI 1220 - HC - Income TaxDisallowance of contribution to Retired Employees Medical Benefit scheme invoking Section 40A (9) - Held that:- Section 40A which starts with the non obstante clause. Prior to its amendment by the Finance Act, 2011, as per sub-section (9) introduced by the Finance Act, 1984, with effect from April 1, 1980, deduction of only payments for the purposes and the extent provided was permitted. The assessee does not have a case that the contribution made by it to the pension fund is payment which is permitted under section 36. If that be so, in view of section 40A(9), the payment made by the assessee could not have been allowed to be deducted and its disallowance by the Assessing Officer is perfectly in line with the statutory provisions. See CIT v. State Bank of Travancore [2015 (8) TMI 369 - KERLA HIGH COURT ] - Decided in favour of revenue
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