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The Commissioner of Income Tax, Jalandha v. Sh.S.C.Nagpal, D.O. Of LIC, Malout - ITR-10-2000  RD-P&H 9185 (24 October 2006)
I.T.R No.10 of 2000
Date of decision:3.11.2006
The Commissioner of Income Tax, Jalandhar ...Petitioner Versus
Sh.S.C.Nagpal, D.O. Of LIC, Malout
CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
HON'BLE MR.JUSTICE RAJESH BINDAL
Present: Dr.N.L.Sharda, Advocate for the Revenue.
Following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar arising out of its order dated 30.11.1993 passed in I.T.A.No.218/ASR/1993, in respect of the assessment year 1988-89.
"Whether on the facts and in the circumstance of the case, the ld. Tribunal is right in law in upholding by CIT (A)'s order allowing deduction @ 40% out of Incentive Bonus received by the assessee, who is a Development Officer of the Life Insurance Corporation of India? 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 Vs. Kamal Kishore Batra, DO, LIC, Kalanaur, Rohtak, we have answered the question in favour of the Revenue and against the assessee.
Accordingly, the question referred is answered in favour of the Revenue and against the assessee.
The reference is disposed of.
(Adarsh Kumar Goel)
November 3, 2006 (Rajesh Bindal)
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