Commissioner of Income Tax vs Smt. Madhu Kanta Ben

J.S. Verma, Actg. C.J.

This is an application u/s 256(2) of the Income Tax Act, 1961, for a direction to the Income Tax Appellate Tribunal to state the case and refer to this court for decision certain questions of law formulated in the application.

Having heard both sides, we are satisfied that a question of law does arise out of the Tribunal''s order which requires a decision of this court. No doubt, a similar question has been decided by this court in Narsibhai Patel Vs. Commissioner of Wealth-tax, with reference to the assessment made under the Wealth-tax Act, 1957. However, it will have to be examined whether the relevant provisions of the Income Tax Act are the same as the corresponding provisions in the Wealth-tax Act or there is any difference therein which raises a question of law for our decision.

Consequently, this application is allowed. We direct the Income Tax Appellate Tribunal to state the case and refer to this court for decision the following question of law, viz.:

"Whether a partner is entitled to exemption u/s 80L of the Income Tax Act in respect of interest earned by the firm on bank deposits held in its name ?"

No order as to costs.