COMMISSIONER OF INCOME TAX Vs. SHANTILAL CHHAJED

JUDGEMENT

(1.) "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to claim 40% expenses out of the amount received by him by way of incentive bonus or commission -

(2.) HEARD Shri R.L. Jain, learned counsel for petitioner. Despite repeated summons sent to the assessee, he has not chosen to either accept the summons or receive the summons. Under these circumstances, we have no option but to proceed to answer the reference made to this court by the Tribunal.

(3.) IT is in this case i.e., A.K. Ghosh (supra) question referred to this court was examined and answered in favour of the revenue and against the assessee. We sitting as a coordinate bench is bound by the law laid down by the Division Bench of this court in the case of A.K. Ghosh (supra). Moreover, we have not been able to find any contrary view taken by the Supreme Court of India on the question referred to this court, subsequent to the decision by D.B. in the case of A.K. Ghosh (supra) which may entitle us to take a view taken by the Supreme Court on the aforesaid question.