2012 (9) TMI 408

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.... Respondent.   JUDGMENT : [Per S.J. Vazifdar, J.]   1. The Income Tax Appellate Tribunal has referred the following question of law for the opinion of this Court :-   "Whether on the facts and in the circumstances of the case, the Tribunal was right in fact and law in holding that section 201(1) read with section 192 of the Income Tax Act was not applicable in the instant c....

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....d out on actual basis and not on the basis of an estimate. He, therefore, directed the Assessing Officer to re-calculate the amount in certain respects. 5. The Tribunal held that where there is a fair estimate of the income of the employee while deducting TDS, section 201 cannot be applied. Paragraphs 5.1 and 6 of the order reads as under :- "5.1 .................................................

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....expenses for the personal use had added to the salary for the purpose of T.D.S. 6. In the result, the appeal is allowed for statistical purposes."   6. Whichever way the matter is looked at, we do not consider it necessary to answer the Reference. The question that is referred is whether the Tribunal was right in fact and in law in holding that section 201(1) read with section 192 of th....