Income-tax---

----Reference---Deduction---Incentive bonus---Whether assessee, a salaried employee, entitled to deduction at 40 per cent. on incentive bonus received from L.I.C. under S.10(14)---Is question of, law to be referred---Indian Income Tax Act, 1961, Ss.10(14) & 256(2).

The question, whether the Tribunal was justified in law in holding that the assessee, a salaried employee of the L.I.C. of India, was entitled to deduction at 40 per cent under section 10(14) of the Income Tax Act, 1961, on the incentive bonus received from his employer, was a question of law.

JUDGMENT

This is an income-tax application filed under section 256(2) of the Income Tax Act, 1961, praying for reference of the following question for our opinion:

"Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the assessee, a salaried employee of the L.I.C. of India, was entitled to deduction at 40 per cent under section 10(14) of the Income Tax Act, 1961, on the incentive bonus received from his employer?"

A similar question has been called in I.T.A. No. 135 of 1994---(CIT v. S.C. Sarin, Development Officer, Agra, decided on August 14, 1995). Hence, we direct the Tribunal to draw up a statement of the case and refer the question for our opinion.

M.B.A./1561/FCMatter remanded.