1994 (3) TMI 12

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..... sment year 1977-78 under section 256(1) of the Income-tax Act, 1961: " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that brokerage amounts to profession and not business ? " The brief facts of the case are that the assessee derived income from brokerage and claimed it to be professional income in accordance with Sub-paragraph II of Paragraph .....

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..... e fact that brokerage was derived by personal exertion without any monetary investment and on that basis the income was considered to be as that from profession. This court in CIT v. Bhagwan Broker Agency [1995] 212 ITR 133--D. B. Income-tax Reference No. 125 of 1981, decided on May 11, 1993--has held as under : " From the above judgment of the Supreme Court, the activities carried on under th .....

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..... and, therefore, we are of the view that the Income-tax Appellate Tribunal was not justified in coming to the conclusion that the income from brokerage should be assessed as professional income and not brokerage income. " In view of the decision of this court referred to above, the present reference is also answered in favour of the Department and against the assessee. There is no order as to cos .....

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