Per Shri T.V. Rajagopala Rao, Judicial Member - This is an assessee’s appeal. The point involved, though short, is interesting. The assessee is Veljan Hydrair (P.) Ltd. Hyderabad. Admittedly, one Shri Janardhana Rao is the managing director of the said company. He had contributed Rs. 3,680 whereas his employer, the assessee, contributed Rs. 3,632 to the provident fund. Admittedly, the contribution is to a scheme formulated under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The total of the employer and employee’s contributions came to Rs. 7,312. The ITO held firstly, that Shri Janardhana Rao, managing director of the assessee-company, owns shares in the company with a voting power exceeding 10 per cent of the total shareholding. He also held that it is a case where the contribution should be limited to the permissible sums mentioned in rule 75 of the Income-tax Rules, 1962 (‘the Rules’). Therefore, the ITO held that the permissible limit was only Rs. 3,000 and he had disallowed a sum of Rs. 3,632 which is found to be in excess under rule 75. On appeal, it is contended that rule 75 does not apply to this case as the contributions are made to the scheme