IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO. 2 OF 1989 INCOME TAX REFERENCE NO. 2 OF 1989 INCOME TAX REFERENCE NO. 2 OF 1989 The Commissioner of Income-tax, Bombay City-II, Bombay. ...Applicant V/s. Shri R.N. Mafatlal. ...Respondent Mr.Ashok Kotangle for Applicant. None for Respondent. CORAM : CORAM : CORAM : V.C. DAGA AND V.C. DAGA AND V.C. DAGA AND A.S. AGUIAR, JJ. A.S. AGUIAR, JJ. A.S. AGUIAR, JJ. DATED : JULY 1, 2005. DATED : JULY 1, 2005. DATED : JULY 1, 2005. P.C. :- P.C. :- P.C. :- . By this reference under Section 256(1) of the Income-Tax Act, 1961, the Income Tax Appellate Tribunal has referred the following questions of law for the opinion of this Court :- "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the medical insurance premium of Rs.2208/- paid by the employer on behalf of the assessee is not taxable as a perquisite under the head ’salary’? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was - 2 - right in law in holding that the interest of Rs.23,461/- in excess of 1/3rd salary, credited to the Provident Fund account is not taxable as perquisite under the head ’salary’ as provided in Rule 6(b) of Fourth Schedule to the Income-tax Act, 1961? " . For the reasons recorded by us in our Judgment dated 1st July, 2005, passed in Income Tax Reference No.397 of 1988 (C.I.T. Vs. M/s.Pithwa Engg.Works) (C.I.T. Vs. M/s.Pithwa Engg.Works) (C.I.T. Vs. M/s.Pithwa Engg.Works), wherein we have relied upon decision of this Court in the case of C.I.T. vs. Camco Colour Co. (2002) 254 C.I.T. vs. Camco Colour Co. (2002) 254 C.I.T. vs. Camco Colour Co. (2002) 254 ITR 565 ITR 565 ITR 565, we do not think it necessary to answer the reference made to this Court for the Assessment Year 1980-81 having negligible tax effect. Accordingly, reference stands returned unanswered with no order as to costs. (A.S. AGUIAR, J.) (A.S. AGUIAR, J.) (A.S. AGUIAR, J.) (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.)