2000 (3) TMI 26

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....AMANIAN J.--- There are two tax cases ; 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....

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....s Act, 1952, for the purpose and within the meaning 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 vi....

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....duction of a sum of Rs. 13,14,124 being the contribution 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 establish....