Income Tax Reference v. Shri V. P. Heda, Ramdaspeth, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,NAGPUR BENCH, NAGPUR INCOME TAX REFERENCE No.20 of 2008(The Commissioner of Income Tax (Vidarbha), Nagpur ..vs.. Shri V. P. Heda, Ramdaspeth, Nagpur) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda ofCoram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri A.S. Jaiswal, Advocate for the applicant. CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ.DATED :- 24th AUGUST, 2010 1.The Income Tax Appellate Tribunal, Nagpur Bench, Nagpur has forwarded the statement of case raising the following questions for the opinion of this Court. “a.Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the Income from incentive bonus does not form part of salary ? b.Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the income from incentive bonus is income from profession and allowing expenses to the tune of 40% of incentive bonus ? c.Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in applying the ratio as laid down by the Bombay High Court in the decision reported at 197 ITR 717 ?” 2.Shri Kalmegh, learned Advocate had appeared on behalf of one of the legal heirs in the civil application states that he has no instructions to appear in the matter. 3.The questions raised in this reference are covered by the judgment of this Court in the case of Commissioner of Income-Tax vs. Gopal Krishna Suri reported in (2001) 248 ITR 819 (Bom). In the result, the questions raised by the Tribunal are answered in the negative and in favour of the revenue. Reference is disposed of accordingly. No order as to costs. JUDGEJUDGE