Rc/142/1996 Of The Commisssioner Of Income Tax v. Mr.m.v.p.r.prasad

IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH ATHYDERABAD TUESDAY THE TWENTYSECOND DAY OF JUNETWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSICE B. PRAKASH RAOAND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN REFERRED CASE No. 1 4 2OF 1996 {under section 256 (1) of the Indian Income Tax Act, 1961 in RA.No.667, 668, 669/Hyd/93 arising out of ITA.Nos. 1506 to1508/Hyd/90)Andhra Pradesh : ITAT Hyderabad Bench ‘A’} Between: The Commissioner of Income-tax Visakhapatnam …. Applicant V/s. Shri MVPR PrasadVisakhapatnam. …. Respondent Counsel for the Applicant : Sri S.R. Ashok Counsel for the Respondent: None appeared THE HONOURABLE SRI JUSTICE B. PRAKASH RAOAND THE HONOURABLE SRI JUSTICE RAMESHRANGANATHAN J U D G M E N T: (Per the Hon'ble Sri Justice B. Prakash Rao) RC.No. 142 of 1996 is referred to this Court by the Income-Tax Appellate Tribunal, A.P., Hyderabadunder section 256 (1) of the Indian Income Tax Act, 1961in RA.No. 667, 668 and 669/Hyd/93, dated 30-8-1994arising out of ITA.Nos. 1506 to 1508/Hyd/90, ITATHyderabad Bench ‘A’ on its file for decision on the.following question of law 2. Heard the learned standing counsel for the Revenue. Though none appeared for the respondent. 3. The question referred for our opinion is as under: Whether on the facts and in the circumstancesof the case, the Income-tax Appellate Tribunal isjustified in holding that 40% of incentive bonus shouldbe allowed as an expenditure in addition to theStandard Deduction under section 16 (i) more so,when the expenditure involved, if any, in travelling iscovered by the Conveyance Allowance and Addl.Conveyance Allowance provided by the employer andexempted under section 10 (14) of the I.T. Act, 1961 ? 4. It is represented that the matter is squarelycovered by the judgment of the Supreme Court and of this Court in 214 ITR-368. 5. Following the same, the question referred for our opinion is answered accordingly in favour of therevenue. 6. Revision Case is accordingly disposed of. No costs. __________________________ JUSTICE B. PRAKASH RAO ___________________________________________ JUSTICE RAMESH RANGANATHAN 22-06-2010.I s L THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN REFERRED CASE No. 1 4 2 OF 1996 Judgment of the Division Bench delivered bythe Hon'ble Sri Justice B. Prakash Rao) Circulation Entry No.Date: 22-06-2010COMPUTER No. 43Court Master: I s L