COMMISSIONER OF INCOME TAX Vs. BRIG KAPIL MOHAN

JUDGEMENT

(1.) HEARD learned counsel for the Revenue.

(2.) AT the instance of Revenue following questions have been referred under S. 256(1) of the IT Act, 1961 (in short the 'Act'), for opinion of this Court :

(3.) SO far as the first issue is concerned, our judgment in CWT/CIT vs. Lt. Col. Kapil Mohan (WT Ref. No. 275/83 & IT Ref. No. 314/80) [reported at (2001) 169 CTR (Del) 240-Ed.] will cover this case also. Directions given for rehearing by the Tribunal on the factual aspects shall also govern this question. So far as the second question is concerned, we had occasion to deal with the similar issue in CIT vs. Brig. Kapil Mohan (IT Ref. 68/93) [reported at (2001) 169 CTR (Del) 251-Ed.] which will govern this question also. The answer to the question would be in the affirmative, in favour of the assessee and against the Revenue. Reference is disposed of accordingly.