LAWS(DLH)-2001-8-286

COMMISSIONER OF INCOME TAX Vs. V.S. BHAGAT

Decided On August 29, 2001
COMMISSIONER OF INCOME TAX Appellant
V/S
V.S. Bhagat Respondents

JUDGEMENT

(1.) HEARD . These three reference applications have been referred on the motion of the Revenue under s. 256(1) of the IT Act, 1961 (for short 'the Act') by the Income -tax Appellate Tribunal, Delhi Bench 'A' (in short the 'Tribunal'), and following questions have been referred for opinion of this Court pertaining to the asst. yrs. 1970 -71, 1971 -72 and 1972 -73 : For the asst. yr. 1970 -71 "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that commission only at the rate of 1/2 per cent for asst. yr. 1970 -71 on the company's business receipts was assessable in the assessment of the assessee - For the asst. yr. 1971 -72 "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that commission only at the rate of 1/4 per cent for asst. yr. 1971 -72 on the company's business receipts was assessable in the assessment of the assessee - For the asst. yr. 1972 -73 "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that commission only at the rate of 1/16 per cent for asst. yr. 1972 -73 on the company's business receipts was assessable in the assessment of the assessee -

(2.) WE need not go into the factual aspects in detail for the reason that the Tribunal, in support of its conclusion relied Tribunal for fresh adjudication in accordance with law.

(3.) THE reference applications are, accordingly, disposed of.