COMMISSIONER OF INCOME TAX Vs. VIDYA RAM GUPTA

JUDGEMENT

(1.) This is an IT reference under Section 256(1) of the IT Act in which the following question has been referred to us for our opinion :

(2.) We have heard learned counsel for the parties.

(3.) In the relevant asst. yr. 1976-77 the assessee was a Chief Engineer and derived salary from two different employers. For the period 30th Sept., 1975, he derived salary from M/s S.H. Sugar Factory (P) Ltd., Bareilly. After 30th Sept., 1975, he received salary from M/s Laxmiji Sugar Mills, Maholi, Sitapur. The ITO allowed only one deduction of Rs. 3,500. Before the AAC this ground was not taken at all, but he took it before the Tribunal.