COMMISSIONER OF INCOME TAX Vs. CHANDMAL MOHAL LAL

JUDGEMENT

(1.) AT the instance of the Revenue, the Income-tax Appellate Tribunal, Patna Bench, Patna, referred to this court, the following two questions for the assessment year 1976-77 for its opinion :

(2.) MR. Sharan, learned counsel for the Revenue does not press the first question and we, therefore, need not answer the same.

(3.) ACCORDINGLY, on the second question, our answer would be in the affirmative, in favour of the assessee and against the Revenue. There will be no order as to costs.