(1.) THIS is a reference at the instance of the Commissioner of Income-tax under Sec. 66(1) of the Income-tax Act 1922 of the following question:
(2.) WE are of the view that the Tribunal was right in holding that the two amounts would not fall within the ambit of any of the clauses of S. 10(5-A) though we form our view for slightly different reasons. Sub-Sec. (5-A) of S. 10 is as follows:
(3.) WE answer the reference in favour of the assessee with costs. Counsel's fees Rs. 250.