Supreme Court · 1999 INSC 116 · Decided 18 March 1999

Commissioner of Income Tax v. Sirpur Paper Mills ETC. ETC.

Court
Supreme Court of India
Citation
1999 INSC 116 · [1999] 2 S.C.R. 10
Case number
CIVIL APPEAL No. 2398/1994
Decided
18 March 1999
Bench
S.P. BHARUCHA, R.C. LAHOTI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 36(i)(iv), 36, 36(1)(iv)

Headnote

Income Tax Act, 1961/Income Tax Rules, 1962 S.36(J)(iv)/Rules B7 and BB-Contributions towards recognised C provident fund or approved superannuation fund-Deductions-Notification dated 21. 10.1965 issued by Central Board of Direct Taxes imposing conditions that only BO% of the amount actually paid period of five years commencing with the assessment year relating to the previous year in which the amount was paid-Held, there is no justification for both the conditions- D High Court was right in holding that the Notification goes beyond the power of the Board u/s.36(1)(iv). The

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