2017 (5) TMI 1220

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..... eved by the order of the Income Tax Appellate Tribunal, Cochin Bench in I.T.A. No.110/Coch/2014 concerning the assessment year 2007-08. The only issue on which this appeal is filed is with respect to the disallowance of contribution to Retired Employees Medical Benefit scheme by invoking Section 40A (9) of the Income Tax Act. The assessment order to the extent the contribution was disallowed was s .....

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..... s made, we find that the very same question of law was raised by the revenue before this Court in the case of the assessee itself, in the context of the assessment year 2006-07. In the judgment in CIT v. State Bank of Travancore [2015] 378 ITR 219 (Ker), this Court has answered the question of law thus: "Section 40A which starts with the non obstante clause. Prior to its amendment by the Finance .....

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..... the case of the assessee is concerned." 5. Despite the above binding judgment, the learned counsel for the assessee submitted that in the case of P. Balakrishnan v. Travancore Cochin Chemicals (Ker) [243] ITR 284, this Court has already considered the very same issue and that following the aforesaid judgment, the assessee's own case was decided in their favour, by the Tribunal for the asses .....

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