1989 (2) TMI 40

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....been referred by the Tribunal under section 256(1) of the Income-tax Act, 1961 ("the Act") : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the reimbursement of medical expenses by the assessee to its employees did not result in the provision of any benefit, amenity or perquisite within the meaning of section 40(a)(v) of the Income-tax A....

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....he net amount of dividend and not on the gross amount of dividend received by the assessee and in remanding the case on that ground ?" Question No. 1 has been referred at the instance of the Revenue and questions Nos. 2 and 3 have been referred at the instance of the assessee under section 256(1). So far as question No. 1 is concerned, the dispute is about the deductibility of reimbursement of ....

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....red in that case. Since there is a judgment of this court which has been followed by the other Benches of this court in a number of cases, we answer question No. 1 in the affirmative and in favour of the assessee. So far as question No. 2 is concerned, the same is not pressed and, therefore, we decline to answer question No.2. So far as question No. 3 is concerned, since the case has gone back ....