2013 (3) TMI 759 - HC - Income Tax

Summary

Issues involved:
The issue involves the disallowance of an amount paid to an Approved Superannuation Fund exceeding 27% of an employee's salary, under Section 36(1)(iv) of the Income Tax Act, and the subsequent entitlement to deduction under Section 37 of the Act.

Judgment Summary:

Issue 1: Disallowance under Section 36(1)(iv) of the Income Tax Act:
The Tribunal upheld the order of the Commissioner of Income Tax (Appeals) regarding the contributions made to the Approved Superannuation Fund exceeding 27% of the employee's salary being entitled to deduction under Section 36(1)(iv) of the Income Tax Act, 1961.

Issue 2: Allowability under Section 37 of the Income Tax Act:
A similar issue was addressed in the case of Commissioner of Income Tax V/s. Suashish Diamonds Limited, where it was held that even if the expenditure is not allowable under Section 36(1)(iv) of the Act, it is allowable under Section 37 of the Act. The Tribunal followed the decision of the Court in the matter of Commissioner of Income Tax V/s. Western India Paper and Paperboard Private Limited.

Conclusion:
The Court found that the assessee is entitled to deduction under Section 37 of the Act, irrespective of the disallowance under Section 36(1)(iv). Therefore, the question of law raised by the Revenue was deemed academic, leading to the dismissal of the appeal with no order as to costs.