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1998 PTD 1153

COMMISSIONER OF INCOME-TAX vs VAKHARIA & CO

Citation1998 PTD 1153
CourtBombay High Court
Case No.Income-tax Reference No,103 of 1984
Date1995-11-03
Judge(s)B. P. Saraf, M. L. Dudhat
ResultOrder accordingly

1. ' DR. B. P. SARAF, J.---By this reference made under section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this Court: "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that income derived by the assessee firm from brokerage and commission on foreign transactions between scheduled banks and Exchange Control of Reserve Bank of India was taxable as 'professional income'?"

2. ' It is stated before us that this case is covered by the ratio of the decision of this Court in CIT v.

3. Lallubhai Nagardas & Sons (1993) 204 ITR 93. Following the same, it is answered in the negative and in favour of the Revenue.

4. ' No order as to costs.

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