Bombay High Court High Court

Commissioner Of Income Tax vs Vakharia And Co. on 3 November, 1995

Bombay High Court
Commissioner Of Income Tax vs Vakharia And Co. on 3 November, 1995
Equivalent citations: 1997 224 ITR 729 Bom
Author: . B Saraf
Bench: B Saraf, M Dudhat


JUDGMENT

Dr. B.P. Saraf J.

1. By this reference made under section. 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this court :

“Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that income derived by the assessee-firm from brokerage and commission on foreign transactions between scheduled banks and Exchange Control of Reserve Bank of India was taxable as ‘professional income’ ?”

2. It is stated before us that this case is covered by the ratio of the decision of this court in CIT v. Lallubhai Nagardas and Sons [1993] 204 ITR 93. Following the same, it is answered in the negative and in favour of the Revenue.

3. No order as to costs.