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TMI Blog2017 (5) TMI 1220X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowed was set aside by the Commissioner of Income Tax (Appeals). 2. In the appeal filed by the revenue, the Tribunal placed reliance on its own order in the case of the assessee for the Assessment Year 2002-03 in I.T.A.861 of 2005 and accordingly, the order of the Commissioner was sustained. It is in this background, the revenue has filed this appeal and the question of law framed for the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endment 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 ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal for the assessment years 2000-01 to 2005-06. He has also made detailed reference to the order of the Tribunal in I.T.A.861 of 2005 concerning the assessment year 2002-03. 6. However, having regard to the binding precedent in the case of the assessee itself in CIT v. State Bank of Travancore (supra), we are not inclined to place reliance on the judgment relied on by the learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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