Commissioner Of Income-Tax vs Escorts Employees' Welfare Trust
1987 Latest Caselaw 312 Del

Citation : 1987 Latest Caselaw 312 Del
Judgement Date : 27 May, 1987

Delhi High Court

Commissioner Of Income-Tax vs Escorts Employees' Welfare Trust on 27 May, 1987

Equivalent citations: 1989 175 ITR 106 Delhi

Bench: H Goel, S Ranganathan

JUDGMENT

1. There is no appearance for the respondent. Having heard council for the petitioner, we that the Tribunal's order does not give rise to question of law. We, therefore, direct the Tribunal to make a consolidated statement of case for the assessement years 1977-78 and 1978-79 and refer for the decision of this court the following questions of law :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 10,01,000 received by the assessed in the assessment year 1977-78 and Rs. 20,00,000 received in the assessment year 1978-79 did not constitute income liable to tax ?

2. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the assessed ought to be taxed at a rate applicable to an association of persons and not at the flat rate of 65% as held by the Income-tax Officer ?"

2. The applications are disposed of. No costs.