1992 (7) TMI 138

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.... Officer to rectify the order, but the said request was rejected by the Assessing Officer stating that the ITATs decision relied by the assessee are no more in force in view of Board's Circular No. 517, dated 16-6-1988. In that Circular Board has directed that only the excess over 100 per month or 50 per cent of the actual colliery allowance paid by the Coal India Limited whichever is more is to be treated as perquisite and the balance amount of the payment of the said allowance may be allowed to be deducted while computing the income under the head ' salaries '. Before the ld. D. C. (A), the assessee's counsel contended that CBDT have no power as per provisions of section 295 to issue directions which interferred with the jurisdiction of t....

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....: " (14) any special allowance or benefit not being in the nature of an entertainment allowance or other perquisites within the meaning of clause (2) of section 17 specifically granted, to meet expenses wholly necessarily and exclusively incurred in the performance of the duties of an office or employment of profit, to the extent which such expenses are actually incurred for that purpose. " From the assessment year 1989-90 (the year under appeal) the said section has been amended as follows : " (14)(i) any such special allowance or benefit not being in the nature of a perquisite within the meaning of clause (2) of section 17, specially granted to meet in the performance of the duties of an officer or employment of profit as the Cen....