COMMISSIONER OF INCOME-TAX Vs. MULTIMETALS LTD

JUDGEMENT

(1.) In this reference under Section 256(1) of the Income-tax Act, 1961 for the assessment year 1984-85, the following questions of law have been referred to be answered by this Court:

(2.) As far as question No. 1 is concerned, in absence of adequate and proper evidence available on record as to how the conveyance charges were paid to the employees and how does it differ with the conveyance allowance as is being paid to all the employees of the assessee-company, presently it is not possible to decide the issue.

(3.) Even though we have heard learned Counsel for the parties on the said question for substantial time but as mentioned hereinabove since there is no sufficient evidence bifurcating the allowance paid to the employees towards conveyance, we are unable to decide the question. Confronted with this situation, learned Counsel for the assessee suggested that it is desirable to restore the matter to the file of Income-tax Appellate Tribunal so that after producing adequate evidence before the Tribunal the said question could be decided.