1994 (4) TMI 14

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....Appellate Tribunal has referred the following question of law arising out of its order dated July 6, 1982, in respect of the assessment year 1978-79 under section 256(1) of the Income-tax Act, 1961 : "Whether on the interpretation of section 28(iv) of the Income-tax Act, 1961, the learned Tribunal was right in law in holding that the assessee who is looking after the business of the partnership....

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.... derived the benefit or perquisite because of the occupation of the flat and, therefore, section 28(iv) of the Income-tax Act was attracted. The value of such benefit was estimated by the Income-tax Officer at Rs. 8,000 on the basis of the decision of the Commissioner of Income-tax (Appeals) in respect of the assessment year 1977-78 where a similar addition was upheld by the Commissioner of Income....