M ABDUL SATTAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this reference made under section 256(1) of the INcome-tax Act, 1961 ("the Act"), the INcome-tax Appellate Tribunal, Bangalore Bench, Bangalore ("Tribunal"), at the instance of the assessee has referred the following question of law for the opinion of this court :

(2.) IN order to appreciate the question referred to us, it is necessary to notice the facts that are not in dispute in the first instance.

(3.) AGGRIEVED by the said order made by the Income-tax Officer, the assessee filed an appeal before the Appellate Assistant Commissioner, Bangalore Range, Bangalore who by his order dated November 22, 1976, allowed the same and accepted the said claim of the assessee.