1986 (12) TMI 375

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....are two references under the IT Act, at the instance of the CIT. References relate to the asst. yrs. 1971-72 and 1972-73. They arise out of the assessments of the respondent company for the said assessment years. It is not necessary to set out the facts at length because the questions referred to this Court can be disposed of without a detailed reference to those facts. 2. The first two questio....

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....s. 219 & 220/80. We have answered the questions in the negative and in favour of the Department following the decision of the Supreme Court in the case of Lohia Machiner Ltd. and Anr. vs. Union of India and Ors. (1985) 44 CTR (SC) 328: (1985) 152 ITR 308(SC). For the same reasons, we give the same answer to these questions for these two assessment years as well. 3. The next question that is ref....

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....rdingly. 5. The fourth question referred to this Court reads as follows : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in directing the ITO to work out the disallowable expenditure under s. 40(a)(v) by including cash allowance as part of salary ?" We are of the opinion the so far as the asst. yr. 1971-72 is concerned, this question h....