9911796707
TMI Blog2003 (4) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... avour of the Revenue and against the assessee. - - - - - Dated:- 16-4-2003 - Judge(s) : Y. R. MEENA., KHEM CHAND SHARMA. JUDGMENT On an application under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act, 1961"), the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short "the Tribunal"), vide its order dated June 18, 1993, has referred the following question for the opinion of this court: "Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in upholding the order of the Commissioner of Income-tax (Appeals) taking the view that the medical expenditure amounting to Rs. 5,20,230 reimbursed to the assessee being in the employment of National Engineering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the Revenue, submits that the relevant assessment year in this case is 1987-88 and prior to that the Department has issued a Circular No. 445 dated 31st December, 1985 (F.No. 200/177/84-IT(AI)), wherein the Central Board of Direct Taxes has clarified that the reimbursement of medical expenses which are incurred in India in the public hospital by the employee that should not be taken as perquisite, if the expenses are genuine. Mr. Singhi submits that in view of the Circular of the Central Board of Direct Taxes, which is applicable for the assessment year 1987-88, the Tribunal has committed error in holding that it is not perquisite within the meaning of section 17(2) of the Act, 1961. Mr. Mahendra Gargiey, learned counsel ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 17(2) of the Act, 1961, we have to see the provisions. The relevant clause (2) of section 17 of the Act, 1961, reads as under: "(2) 'perquisite' includes- (i) the value of rent-free accommodation provided to the assessee by his employer; (ii) the value of any concession in the matter of rent respecting any accommodation provided to the assessee by his employer; (iii) the value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases- (a) by a company to an employee who is a director thereof; (b) by a company to an employee being a person who has a substantial interest in the company; (c) by any employer (including a company) to an employee to whom the provisions of par ..... X X X X Extracts X X X X X X X X Extracts X X X X
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