Contribution to Fishermen’s Welfare Fund allowable despite the fact that fund been held Unconstitutional by SC: HC

CIT Vs Abad Exim (P) Ltd. (Kerala High Court) The question remaining is with respect to the deduction, insofar as the contribution made to the Fishermen’s Welfare Fund. The Fund itself was declared unconstitutional by a decision of the Honourable Supreme Court  in AIR 2002 SC 973 [Koluthara Exports Ltd. v. State of Kerala and Others. We find that the Honourable Supreme Court while declaring the Fund to be unconstitutional also directed that the amount of contributions already paid will not be liable to be refunded to the contributors. In such circumstances, there is no question of a ...