LAWS(PAT)-1995-1-9

COMMISSIONER OF INCOME TAX Vs. BAIDYANATH PRASAD AGRAWAL

Decided On January 12, 1995
COMMISSIONER OF INCOME-TAX Appellant
V/S
BAIDYANATH PRASAD AGRAWAL Respondents

JUDGEMENT

(1.) THESE two tax case references are at the instance of the Revenue, referred by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, for decision of this court.

(2.) THE common question of law that arises in these two cases for the two assessment years 1979-80 and 1980-81 reads as follows :

(3.) WE may also mention that the decisions relied on by the Tribunal were also noticed by the Supreme Court. The decision cited in CIT v. S. Balasubramaniam [1984] 147 ITR 732 (Mad) on a close scrutiny will show that it is distinguishable on the facts.