Barin Ghosh,J. - (1.) The principal reason to support the claims of the petitioners in this group of writ petitions is based on the pronouncement of a Division Bench of the Madhya Pradesh High Court in Officers' Association, Bhilai Steel Plant v. Union of India and Ors. (1983) 139 ITR 937 (MP), which was followed by a learned Single Judge of this Court in Indian Bank Officers' Association and Ors. v. Indian Bank and Ors., and then by a Division Bench of this Court, to which I was a party, in ITO &. Ors. v. All India Vijaya Bank Officers' Association and Ors., and lastly by the Division Bench of the Andhra Pradesh High Court in Steel Executives' Association v. Rashtriya Ispat Nigam Ltd.
(2.) Dr. Pal, who argued the case of one of the petitioners, submitted that similar questions are now being considered by the Supreme Court in a proceeding now pending before it, which has arisen out of a judgment delivered by a Division Bench of Jharkhand High Court and where his clients have filed an application for transfer of the case of his clients, which is also now been considered by me along with other matters. Despite knowledge of the fact that the Supreme Court is considering similar questions, I have decided to deal with the matter for it appeared to me, upon perusing the judgment of the Division Bench of Jharkhand High Court, that the issues raised by the petitioners before me were not dealt with by the Jharkhand High Court. The purpose of delivering this judgment was to get what the petitioners and the respondents wanted to submit and to analyse the same in order to help reaching a right conclusion and, accordingly, I have assured Dr. Pal that even if, I am not with him, I would stay the operation of the present judgment until such time the Supreme Court decides the Transfer Application made by Dr. Pal's clients.
(3.) In simple terms, the issue before me is what is the meaning of concession in the matter of rent as provided for in Clause (ii) of Sub-section (2) of Section 17 of the IT Act, 1961 (hereinafter referred to as "the Act"). Section 17(2), Sub-clause (i) and Sub-clause (ii) of the Act are as follows : "(2) 'perquisite' includes-- (i) the value of rent-free accommodation provided to the assessee by his employer; (ii) the value of any concession in the matter of rent respecting any accommodation provided to the assessee by his employer;";