TAX CASES No.2 OF 1998
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Against reference of statement of the case in R.A.No. 37 (Pat)/96 (arising out
of ITA No. 432 (Pat)/92), Asstt. Year 1988-89 in the case of Sri Ramjee Prasad,
Do., L.I.C. of India Branch III, Patna Vs. The Commissioner of Income tax, Bihar
Patna.
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RAMJI PRASAD,D.O.,L.I.C.OF IND————————————(Appellant)
Versus
COMMISSIONER OF I.T.,PATNA————————————–(Respondents)
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For the appellant :Ms. R.Usha For the Revenue :M/S Harshwardhan Prasad,Sr.Standing cunsel
Rishi Raj Sinha,Archana Sinha
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P R E S E N T
THE HON’BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD
THE HON’BLE MR. JUSTICE SUBASH CHANDRA JHA
Prasad & Jha,JJ. This case has come up before us on a
reference made by the Patna Bench of the Income Tax
Tribunal at the instance of the assessee. The
Tribunal has referred the following question for
our opinion :
“Whether on the facts and in the
circumstances of the case, the income-tax
Appellate Tribunal was justified in
holding that the incentive Bonus earned
by the assessee was covered by salary and
is not in nature of commission earned by
the insurance Agent against which
expenses incurred for earning income was
allowable as expenditure.”
Ms. R.Usha appears on behalf of the assessee
petitioner, whereas the Revenue is represtnted by
Sri Harshwardhan Prasad.
It is common ground that the question sent for
our opinion has already been answered by a Division
Bench of this Court in Tax Case No. 13 of 1991
2
(Commissioner of Income Tax, Bihar, Patna vs.
Ramjee Prasad), disposed of on 7.2.2008.
This reference is answered in the same terms.
It is accordingly disposed of.
Let a copy of our opinion be forwarded to the
Patna Bench of the Income Tax Tribunal.
(C.K.Prasad,J.)
(S.C.Jha,J.)
Patna High Court
Dated the 21st October, 2008
Spal/ NAFR