1998 (11) TMI 116

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..... P. SARAF J.---By this reference under section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following questions of law to this court for opinion at the instance of the assessee : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in including excise duty paid on goods lying at the company's depot....

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....,00,000 paid by the assessee-company to its executive director, Shri I. K. Agarwal, at the time of his leaving the company is an expenditure or allowance within the meaning of sub-section (5) of section 40A of the Income-tax Act, 1961 (for short "Act"). The case of the assessee-company is that it was running into losses till 1971, when Shri I. K. Agarwal took over as the executive director of the ....

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....reference of question No. 2. We have heard Ms. V. B. Patel for the applicant, who submits that the amount in question cannot be regarded as salary, as it was in appreciation of personal qualities of Shri I. K. Agarwal as an employee. Mr. Desai, learned counsel for the Revenue, on the other hand, drew our attention to the order of the Tribunal, wherein, there is a categorical finding that the am....