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. 152 OF 1993. TAX REFERENCE NO. 152 OF 1993. TAX REFERENCE NO. 152 OF 1993. The Commissioner of Income-tax, Nasik. ... Applicant. V/s. Shri Vasant C. Kshirsagar, Nasik ... Respondent. Shri A.N. Kotangale, Senior Counsel with Shri D.A. Dubey i/b S. Bhattacharya for the applicant. P.Y.Vaidya for the respondent. CORAM CORAM CORAM : V.C.DAGA AND A.S.AGUIAR, JJ. : V.C.DAGA AND A.S.AGUIAR, JJ. : V.C.DAGA AND A.S.AGUIAR, JJ. DATED DATED DATED : : : 18.7.2005 18.7.2005 18.7.2005 P.C. P.C. P.C. : : : ---- ---- ---- . By this reference under section 256 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 correct to treat the incentive bonus as a salary and to allow deduction @ 25% from it for incurring expenditure to earn the same in spite of standard deduction u/s 16(1) of the I.T. Act, 1961? . While dealing with identical question refered to herein, the Division Bench of this Court in the case of C.I.T. vs.Gopal Krishna Suri (2001) C.I.T. vs.Gopal Krishna Suri (2001) C.I.T. vs.Gopal Krishna Suri (2001) 248 248 248 ITR 819 ITR 819 ITR 819 held that the incentive bonus is exclusively part of the salary income as such employee cannot claim any deduction other than standard deduction under sectioin 16. . In this view of the matter, the above question is answered in negative i.e. in favour of Revenue and against the assessee. . Reference stands disposed of with no order as to costs. (A.S.AGUIAR, (A.S.AGUIAR, (A.S.AGUIAR, J.) J.) J.) (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)