T.D Sugla, J.:— In this departmental reference relating to the asses-see's assessment for the assessment years 1968-69 and 1969-70, the Tribunal has referred to this court the following question of law under section 256(1) of the Income-tax Act, 1961:
“Whether, on the facts and in the circumstances of the case and on a proper construction of section 40(a)(v) of the Income-tax Act, 1961, and/or the relevant circulars of the Central Board of Direct Taxes on the subject, the commission, car allowance and bonus paid by the assessee to its employees were not to be treated as perquisites for the purposes of the said section?”
2. Counsel are agreed that, in view of our court's judgment in the case of Commissioner Of Income-Tax, Bombay City-Ii v. Indokem Private Ltd., [1981] 132 ITR 125, the question is to be answered in the affirmative and in favour of the assessee.
3. The question is so answered.
4. No order as to costs.