2015 (11) TMI 1664

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....d in holding contribution of Rs. 10.00 lacs to State Renewal Fund as allowable expenditure.  (ii) Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) has erred in allowing deduction for the contribution of Rs. 17,94,199/- made to an unapproved gratuity fund. (iii) Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) has erred in holding prior period expenses as allowable expenses.'' 2.1 The ld. DR is heard. 2.2 The ld. Counsel for the assessee contends that the above grounds are covered in favour of the assessee by the order of this Bench for which the ld. AR has relied on the following orders of this Bench . (i) Order dated 16-07-2010 in IT....

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....odhpur Cooperative Marketing Society which is relied by the AO is distinguishable as in that case the amount was provided for the benefit of the employees. Since, in the present case also the amount was set apart not for shareholder but it was provided for the benefits of the employees, by following our earlier decisions, we uphold the order of CIT(A) on this issue. This ground of the department is dismissed." 5. Hence, the issue raised by the Revenue has already been decided by the Tribunal in the case of the assessee for the AY 2006-07, therefore the issue in the assessment year under consideration is also decided against the Revenue.'' 2.3.1 As regards ground No. 2 of the Revenue, we find that ITAT Jaipur Bench has d....