1992 (11) TMI 59

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..... instance of the Commissioner of Income-tax, the Income-tax Appellate Tribunal has referred the following question for opinion : " Whether, on the facts and in the circumstances of the case, rent free accommodation and the cash house rent allowance provided by the assessee-company to its employees under the terms of the contract of employment are not perquisites within the meaning of section 40(a .....

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..... al, the Income-tax Appellate Tribunal, however, reversed the finding of the Income-tax Officer and held that the disallowance of Rs. 16,989 by taking resort to section 40(a)(v) was not correct. According to the Tribunal, the said section had no application to the facts of the case. The Commissioner of Income-tax sought a reference and, accordingly, the present reference was made by the Tribunal un .....

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..... ding that the departmental authorities were bound by the circular of the Board and to act accordingly. We do not see any error in the decision of the Tribunal in that regard. In view of the foregoing discussion, we answer the question in the affirmative and in favour of the assessee. In the facts and circumstances of the case, we make no order as to costs. - - TaxTMI - TMITax - Inc .....

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