TMI Blog2013 (4) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the department for Assessment Year 2007-08 against the order dated 15.03.2010 passed by the CIT (A)-II, Dehradun, contending that the Ld. CIT (A) has erred in directing the Assessing Officer to allow the claim of deduction of contribution made by the assessee towards Provident Fund of its employees, which was not recognized within the meaning of Section 2 (38) of the IT Act. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ident Fund. 4. The ld. counsel for the assessee, on the other hand, has placed strong reliance on the impugned order, contending that the Ld. CIT (A) has rightly allowed the claim of the assessee, since the Assessing Officer had utterly failed to appreciate that though the Provident Fund of the assessee was pending grant of registration, the said Trust having been established under a scheme fra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner or Commissioner in accordance with rules contained in Part A of the Fourth Schedule or the Provident Fund should be established under a scheme framed under the employees provident fund act, 1952. Since the employees provident fund of the appellant is establish as such, it is entitled to deduction on contribution made towards employees provident fund irrespective of whether the fund is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Part A of the Fourth Schedule, and includes a provident fund established under a scheme framed under the Employees Provident Fund Act, 1952 (19 of 1952) 8. Thus, the Section is very clear in that it defines a recognized provident fund to include a Provident Fund established under a Scheme framed under the Employees Provident Fund Act, 1952. Now, obviously, the Assessing Officer erred in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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