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TMI Blog2003 (12) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... bank concerned, the officers, if so advised, may get the facilities and amenities of the use of the furniture to be supplied by the bank at a particular rate of hire charges. This rate has been fixed under the condition of employment at a sum equivalent to 2.05 per cent, of the basic pay. Admittedly, in the event the aforesaid amenities are not availed of, then no monetary benefit is given to any of the employees in lieu thereof. The affidavit-in-opposition filed by the bank factually says the furniture is supplied to the officers as a matter of course under the norms and convention at a rate much less than the market rate. The facts and figures of the possible rate in the market have been given in respect of various furniture supplied to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not applicable and the same is distinguishable on the facts. He further submits that the word "perquisite" used in the aforesaid section is an inclusive definition and the instances given therein are illustrative and no exhaustive definition is spelt out. He contends further than the concession is to be judged in the context of market letting out value of the furniture supplied. I have heard the respective contentions of learned counsel for the parties. Firstly, I shall be dealing with the context of the factual aspect as made out in the affidavit-in-opposition by the bank as to whether the statements and averments expounding hiring rate made therein can be treated to be the value of concession within the meaning of section 17(2) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsolutely misplaced here. I do not find any reason to take any different view in this matter from what I had taken earlier in the case of All India Vijaya Bank Officers' Association v. Vijaya Bank [2001] 250 ITR 500 (Cal). Accordingly, the writ petition is allowed. There will be a writ in terms of prayers (a), (b) and (c) of the writ petition. No order is passed as to costs. The undertaking given pursuant to the interim order shall stand discharged. Therefore, the affidavit-of-undertaking, if any, may be returned to the writ petitioner's learned advocate-on-record. Let a signed copy of this order be made available to the parties only after putting in requisition for drawing up and completion of the order and also for the xeroxed certif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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