IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX REFERENCE NO. 616 OF 1998 TAX REFERENCE NO. 616 OF 1998 TAX REFERENCE NO. 616 OF 1998 The Commissioner of Income-tax. ... Applicant. V/s. M/s.Wimco Limited. ... Respondent. A.S.Rao for the Applicant. P.Vaidya with S.N.Inamdar for respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 29th March, 2005. : 29th March, 2005. : 29th March, 2005. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned counsel for the applicant. The tribunal has referred following questions 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 for the purpose of computation of disallowance u/s.40A(5)/40(c), medical reimbursement should be treated as salary instead of perquisite? "2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that provisions of section 40(c) and not those of Section 40A(5) apply in the case of director of the company?" 2. The first question has already been answered by the Division Bench of this Court in the case of C.I.T. C.I.T. C.I.T. v. Mahindra Ugine Steel Co.Ltd. v. Mahindra Ugine Steel Co.Ltd. v. Mahindra Ugine Steel Co.Ltd., in favour of assessee and against the the revenue. 3. The second question has already been answered by the Division Bench of this Court in the case of C.I.T. v. Hico Products (P.) Ltd., C.I.T. v. Hico Products (P.) Ltd., C.I.T. v. Hico Products (P.) Ltd., in favour of assessee and against the the revenue. 4. In this view of the matter, both the questions referred are answered in affirmative for the reasons stated in the above referred judgments. 5 Reference stands disposed of accordingly with no order as to costs. *****