COMMISSIONER OF INCOME TAX Vs. RAMZO COLMA

JUDGEMENT

(1.) On an application of the Revenue under Section 256(1) of the Income-tax Act, 1961, the following questions have been referred by the Tribunal as questions of law arising out of its order for the opinion of this court:

(2.) If the answer to question No. 1 is in the affirmative, then whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding not to gross up the salaries on tax on tax basis for the purpose of inclusion of the tax as perquisite in the hands of the assessee ?"

(3.) We correct question No. 2 as follows :