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COMMISSIONER OF INCOME TAX HARYANA, ROHT versus SH. V.M. CHAWLA, DEVELOPMENT OFFICER, LI

High Court of Punjab and Haryana, Chandigarh

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Commissioner of Income Tax Haryana, Roht v. Sh. V.M. Chawla, Development Officer, LI - ITR-155-1998 [2006] RD-P&H 11606 (30 November 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

I.T.R. No.155 of 1998

Date of decision: 08.12.2006

Commissioner of Income Tax Haryana, Rohtak.

-----Applicant

Vs.

Sh. V.M. Chawla, Development Officer, LIC, Panipat.

-----Respondent

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
HON'BLE MR JUSTICE RAJESH BINDAL

Present: Mr. Yogesh Putney, Advocate for the revenue.

-----

ORDER:

Following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Delhi Bench `A', New Delhi, arising out of its order dated 24.07.1985 in I.T.A. No.8768/Del/90 in respect of assessment years 1988-89:-

"Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was right in law in allowing deduction @ 40% as expenses out of incentive Bonus which was disallowed by the Assessing Officer in view of definition of sec.17(1) (iv) of the Act and confirmed by the Ld. CTT(A)."

We find that the issue stands covered in favour of the revenue and against the assessee by the judgment of this Court in B.M. Parmar v. C.I.T.

(1999) 235 ITR 679. In our recent judgment dated 5.9.2006 in I.T.R. No.15 of 1995 (The Commissioner of Income Tax, Haryana, Rohtak v. Kamal Kishore Batra DO, LIC, Kalanaur, Rohtak), we have answered the question in favour of the revenue and against the assessee.

Since no one has appeared on behalf of the assessee, we return the reference unanswered.

( ADARSH KUMAR GOEL )

JUDGE

December 08, 2006 ( RAJESH BINDAL )

ashwani JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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