Ramji Prasad,D.O.,L.I.C.Of Ind vs Commissioner Of I.T.,Patna on 21 October, 2008

Patna High Court
Ramji Prasad,D.O.,L.I.C.Of Ind vs Commissioner Of I.T.,Patna on 21 October, 2008
Author: Chandramauli Kumar Prasad
                             TAX CASES No.2 OF 1998
                                    ----

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.

—-

RAMJI PRASAD,D.O.,L.I.C.OF IND————————————(Appellant)
Versus
COMMISSIONER OF I.T.,PATNA————————————–(Respondents)

—-

For the appellant                 :Ms. R.Usha
For the Revenue                   :M/S Harshwardhan Prasad,Sr.Standing cunsel

Rishi Raj Sinha,Archana Sinha

—-

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

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