Income Tax Reference v. Versus

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR INCOME TAX REFERENCE NO.29/1998 APPLICANT:-...VERSUS....VERSUS...RESPONDENT :-Shri L.T. Mulchandani, Nagpur. The Commissioner of Income-tax, Vidarbha, Nagpur....VERSUS....VERSUS... ---------------------------------------------------------------------------------------------------------------------------------------------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, Adv. for applicant][S/Shri L.S., K.P. Dewani, Advs. for respondent] CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ.DATED :- 27.10.2010 1.At the instance of Commissioner of Income Tax, Vidarbha, Nagpur, the Income Tax Appellate Tribunal, Nagpur 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 justified in law in holding that the incentive bonus does not form part of the salary or income from professional receipt ?” 2.Learned Counsel for both sides fairly state that the aforesaid question is answered by this Court in the case of Commissioner ofIncome Tax...Versus...Gopal Krishna Suri, reported in(2001) 248 ITR 819in favour of the revenue and against the assessee. 3.In the light of the above said decision, we answer the above question referred to us in the negative i.e. favour of the revenue and against the assessee. Income Tax Reference is disposed of in the aforesaid terms. No order as to costs. JUDGE JUDGE SSW