1988 (3) TMI 11

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..... allowance received by the officers and staff of the bank. Since the question involved is purely a question of law, Mr. Bhattacharyya, learned counsel appearing for the respondents, has submitted that the Income-tax Department has not used any affidavit-in-opposition. He has not, however, admitted the allegations contained in the petition which are contrary to the records. He has submitted that it .....

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..... iew of the judgment in the case of R. R. Bajoria [1988] 169 ITR 162, the amount paid to officers and staff by the employer bank as and by way of city compensatory allowance does not come within the purview of the charging provisions under the Income-tax Act, 1961. Similar view has been taken by the Bombay, Madhya Pradesh and the Gujarat High Courts as referred to in the aforesaid decision in R. R. .....

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..... and staff of the bank during the financial year 1988-89. In the event any decision is rendered by the Supreme Court setting aside the decision of this court or any other court taking similar view, the Income-tax Department will proceed to recover the tax refunded to the officers and staff of the bank in terms of this order in accordance with law. Parties will act on the signed copy of the opera .....

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