LAWS(CAL)-1980-4-42

COMMISSIONER OF INCOME TAX Vs. PRAN PRASAD

Decided On April 28, 1980
COMMISSIONER OF INCOME TAX Appellant
V/S
PRAN PRASAD Respondents

JUDGEMENT

(1.) IN this reference under s. 256(1) of the IT Act, 1961, at the instance of the CIT (Central-II), Calcutta, the following question was referred by the Tribunal for our opinion.

(2.) THE assessee came up in appeal before the AAC who agreed with interpretation of cl. 3(d) of the aforesaid agreement as made out by the assessee's learned. representative. Hence, the amount of commission included in the relevant assessment was reduced by Rs. 44,430.

(3.) THE findings of facts by the Tribunal have not been challenged. We are of the view that the Tribunal was perfectly justified in affirming the order of the AAC. In this view of the matter we answer the question in the affirmative and in favour of the assessee. THEre will be no order as to costs.