- (1.) The appellant-assessee retired serving as a Judge of the Allahabad High court. In this Income Tax Appeal he is aggrieved by the order of the Income Tax Appellate Tribunal, Delhi Bench; SMC-VI, New Delhi in ITA No.1263/Del/2003, for the assessment year 1998-99, dated 10th June, 2004 dismissing the appeal of the assessee with the findings that the ''dearness relief' is covered within the expression, 'any payment received from a former employer by the assessee', and would be included in the definition of, 'profits in lieu of salary', to be taxed under Section 17 (3) (ii) of the Income Tax Act, 1961.
(2.) We have heard Shri Pramod Kumar Jain, Sr. Advocate assisted by Shri Amitabh Agrawal, learned counsel for the appellant. Shri R.K. Upadhyaya appears for the respondents.
(3.) The appeal was admitted on the substantial questions of law as follows:- "(A) Whether the receipt of the amount of dearness relief Rs.53,640/- to the appellant, a pensioner (retired High Court Judge), in the assessment year 1998-99, is income and taxable as ''profit in lieu of salary' (Section 17 (3) (ii) of Income Tax Act (B) Whether dearness relief can be said to be profit in lieu of salary within meaning of Section 17 (3) (ii) of the Income tax Act (C) Whether dearness relief and dearness allowance can be said to have same meaning and authority below erred in law in treating dearness relief and dearness allowance to be meaning the same thing -;