2004 (7) TMI 84

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....r of the Income-tax Appellate Tribunal, Delhi Bench, "SMC-II", New Delhi (for short "the Tribunal"), dated December 17, 2003, for the assessment year 1997-98. Mr. P.C. Jain, learned counsel for the appellant, firstly challenged the finding of the Tribunal that the incentive bonus received by the assessee from the Life Insurance Corporation of India was assessable under the head "Salary". The as....

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....ted and consequently the expenses claimed against the said income were not allowed as a deduction. Learned counsel for the appellant states that the judgment of this court in B.M. Parmar's case [1999] 235 ITR 679 was based on the interpretation of the scheme then in force. He contended that the said scheme has come to an end and in its place a new scheme has been introduced. In view of the new ....

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....that while working in the field they are doing work in a different capacity. They go to the field through the insurance agents. Their status does not, therefore, change while working in the field for the purposes of getting more business for the Life Insurance Corporation of India. In this situation, it cannot be said that the Development Officers are working in a different capacity while procurin....

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....s of business or profession'." A bare perusal of the above shows that it has been categorically held that the Development Officers are whole-time employees of the Life Insurance Corporation of India who are employed for promoting and developing life insurance business. It cannot, therefore, be said that while working in the field they are doing work in a different capacity. It has also been hel....