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TMI Blog2001 (7) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... e-tax Appellate Tribunal has referred the following three questions for the opinion of this court on a petition by the assessee: "(i) Whether the Income-tax Appellate Tribunal has been right in law in holding that the assessee was not entitled to deduction of surtax payable by it in pursuance to the Companies (Profits) Surtax Act, 1964, in arriving at the taxable income? (ii) Whether, on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenses by way of premium for Group Medical Insurance Scheme and reimbursements of medical expenses, electricity, gas and water charges, which are in the nature of cash payments, shall not be treated as perquisites while computing disallowance under section 40A(5) of the Income-tax Act, 1961?" So far as the questions referred to this court at the instance of the assessee are concerned, Mr. Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the Revenue and against the assessee. As for the question regarding the payment on account of the Group Medical Insurance Scheme, the matter is concluded by the decision of their Lordships of the Supreme Court in CIT v. Mafatlal Gangabhai and Co. (P.) Ltd. [1996] 219 ITR 644. It has been held by their Lordships that where an assessee makes payment in cash in respect of an obligation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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