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. 223 OF 1996 INCOME TAX REFERENCE NO. 223 OF 1996 INCOME TAX REFERENCE NO. 223 OF 1996 The Commissioner of Income-tax, Bombay City-XI, Bombay. ...Applicant V/s. M/s.K.M. Khimsaria. ...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 5, 2005. DATED : JULY 5, 2005. DATED : JULY 5, 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 assessee is entitled for a deduction for expenses @ 40% of incentive bonus/commission received from L.I.C. by the assessee who is a Development Officer?" - 2 - . The above question is covered by the decision of this Court in the case of Commissioner of Income Tax Commissioner of Income Tax Commissioner of Income Tax V/s. Gopal Krishna Suri (2001) 248 ITR, 819. V/s. Gopal Krishna Suri (2001) 248 ITR, 819. V/s. Gopal Krishna Suri (2001) 248 ITR, 819. The question referred, therefore, is answered in favour of the revenue and against the assessee. Reference, accordingly, stands disposed of with no order as to costs. (A.S. AGUIAR, J.) (V.C. DAGA, J.) (A.S. AGUIAR, J.) (V.C. DAGA, J.) (A.S. AGUIAR, J.) (V.C. DAGA, J.)