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High CourtsDivision Bench(1996) 02 AHC CK 0105

Commissioner of Income Tax vs Pramod Kumar Jain

Allahabad High Court · Decided on 16 February 1996 · Citation: (1996) 221 ITR 193

HON’BLE JUDGES
Om Prakash, J · M.C. Agarwal, J
RESULT
Partly Allowed
CASE NUMBER
Income Tax A. No. 253 of 1995
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Judgment

5 paragraphs · 206 words
1.

The Revenue has made this application u/s 256(2) of the Income Tax Act, 1961, requiring us to direct the Income Tax Appellate Tribunal to refer the following two questions for an opinion of this court :

" 1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in law in sustaining the order of the first appellate authority that the assessee, a salaried employee of the LIC, was entitled to deduction at 50 per cent. on the incentive bonus received from his employer ?

2.

Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in law in holding that the assessee, a salaried employee of the LIC of India, was entitled to deduction at 40 per cent. u/s 10(14) of the Income Tax Act, 1961, on the incentive bonus received from his employer ?"

2.

Inasmuch as only question No. 1 arises from the Tribunal''s order which is a question of law, in our opinion, we direct the Tribunal to draw up a statement of the case and refer the abovementioned question No. 1 to this court for its opinion.

3.

The application is, therefore, partly allowed.