JUDGMENT
1. The Revenue has made this application under Section 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. under Section 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.