COMMISSIONER OF INCOME TAX Vs. GOPAL NARAIN SINGH

JUDGEMENT

(1.) THESE are two references under Section 256(1) of the Income-tax Act, 1961. They relate to the assessment years 1964-65 and 1965-66. The questions referred to us for our opinion are the following :

(2.) QUESTION No. (1) in relation to the assessment year 1965-66 is the same as the question for the assessment year 1964-65. In the order of reference, the question relating to exclusion of director's remuneration from the total income has been mentioned only in relation to the assessment year 1965-66. The annexures to the statement of facts show that it arises in the assessment year 1964-65 as well, but it has not been referred to us in relation to that assessment year. In the petition filed by the Revenue under Section 256(1) of the Income-tax Act (hereinafter to be referred to as "the Act"), there is a challenge to the exclusion of the director's remuneration in relation to the assessment year 1964-65 as well, but the only question suggested by the Revenue is the one relating to the exclusion of share income. No question relating to the director's remuneration is mentioned in that petition. Be that as it may, in the view that I have taken, it is not very relevant whether that question has been referred to us in relation to the assessment year 1964-65 or not.

(3.) THE Revenue, being aggrieved by the orders of the Appellate Assistant Commissioner and the Tribunal, claimed reference to this court. Hence, the present references before us and the questions which have fallen for our consideration.