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TMI Blog2000 (3) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... ; one at the instance of the assessee and another at the instance of the Revenue. Tax Case No. 2129 of 1984 is at the instance of the assessee and the following question of law has been referred by the Tribunal for our consideration : "Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in holding that the payment of Rs. 12,500 to the flag day fund was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of section 2(38) of the Income-tax Act, and, consequently, no further recognition by the Commissioner of Income- tax is required, is correct in law ?" In so far as the question referred by the Tribunal at the instance of the assessee is concerned, it is fairly submitted that the question raised is to be answered in favour of the assessee in view of the decision of this court in the case of CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion made towards provident fund under the provisions of section 36(1)(iv) of the Income-tax Act. The Income-tax Officer disallowed the contribution made on the ground that the contribution was made towards an unrecognised provident fund. But, the Tribunal, however, held that the provident fund to which the contribution was made was one established under the provisions of the Employees' Provident ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vern the assessment proceedings for the assessment year 1977-78 as well. In view of the recognition granted by the Commissioner of Income-tax, Madurai, we hold that the view of the Tribunal that the assessee is entitled to the deduction of the contribution made to the provident fund is sustainable in law, though on different reasons. Accordingly, we answer the questions referred to us in the affi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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