AGK AGK AGK 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.298 OF 1998 The Commissioner of Income-tax, Bombay City - XI, Bombay .. Applicant. V/s. Shri K.V. Paladia .. Respondent. Mr.Suresh Kumar for the applicant. Ms.Asifa Khan for the respondent. CORAM : V.C. DAGA & CORAM : V.C. DAGA & CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 11TH OCTOBER, 2005. DATED : 11TH OCTOBER, 2005. DATED : 11TH OCTOBER, 2005. P.C. : 1. Heard the learned counsel for the applicant. The Tribunal has referred following question for the opinion of this Court reading as under :- Whether in the facts and in the circumstances of the case, the Tribunal was right in law in holding that incentive bonus commission received by the assessee was income from profession and thereby allowing a deduction of 40% for expenses ? 2. The above question has already been answered by the Division Bench of this Court in the case of CIT V/s. Gopal Krishna Suri [(2001) 248 ITR 819 CIT V/s. Gopal Krishna Suri [(2001) 248 ITR 819 CIT V/s. Gopal Krishna Suri [(2001) 248 ITR 819 (Bom)] (Bom)] (Bom)] in favour of the revenue and against the assessee. In this view of the matter, question stands answered for the reasons stated in the case of Gopal Krishna Suri. Reference, accordingly stands disposed of with no order as to costs. *********