COMMISSIONER OF INCOME TAX Vs. S V RAMASWAMY

JUDGEMENT

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

(2.) The assessment year involved is the assessment year 1975-76, for which the corresponding accounting period of accounting year is the financial year ending on March 31, 1975.

(3.) The assessee is a retired Commissioner of Income-tax and receives pension which was assessed under Section 15 on "salary". The assessee claimed standard deduction under Section 16(i) of the Income-tax Act, 1961. The Income-tax Officer disallowed the claim on the ground that the assessee was not an employee. The Appellate Assistant Commissioner agreed with the finding of the Income-tax Officer.