COMMISSIONER OF INCOME TAX Vs. RAMDAYAL RAMCHARAN PUROHIT

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal has referred the following question of law under Section 256(1) of the Income-tax Act, 1961, to this court for its opinion :

(2.) HAVING heard learned counsel for the parties, we are of the opinion that the answer to the aforesaid question is concluded against the Department by a recent decision of the Supreme Court in Wazid Ali Abid Ali v. CIT [1988] 169 ITR 761 and our answer, therefore, is in the affirmative, in favour of the assessee and against the Department. There shall, however, be no order as to costs.