U P VANASPATI AGENCY Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) AT the instance of the assessee, M/s. U. P. Vanaspati Agency, Kanpur (hereinafter referred to as the assessee), the statement of the case and the question of law, given below, has been referred to this court by the Income-tax Appellate Tribunal, Allahabad Bench (hereinafter referred to as the Tribunal), under section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act) :

(2.) THE statement of the case relates to the assessment year 1961-62, the accounting year being January 1, 1960, to March 31, 1961. THE assessee is a registered firm carrying on business as a commission agent for vanaspati, ghee, soap, refined oil, etc. In the assessment year in question he was agent of M/s. Berar Oil Industries, Akola, in Madhya Pradesh, and Tung Bhadra Industries, Kurnool, in Andhra Pradesh.

(3.) WE, therefore, answer the question referred to us in the affirmative in favour of the assessee and against the department. The department shall pay to the assessee a sum of Rs. 200 as costs of these proceedings. WE fix the amount of the learned counsel for the department at the same figure.