TMI Blog1961 (5) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 of 1960 is against the order dated March 26, 1958, of the High Court of Judicature at Bombay refusing to call upon the Income-tax Appellate Tribunal to state a case under section 66(2) of the Indian Income-tax Act. Civil Appeal No. 458 of 1960 is against the order dated August 13, 1956, of the Income-tax Appellate Tribunal, deciding an appeal under section 33(4) against the department. The re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or by itself. It was further agreed that should the services of the respondent be terminated before the expiry of 25 years, on account of the company " severing connection with " the respondent or terminating the office of employment due to any reason whatsoever, the respondent would be entitled to compensation " calculated as equivalent to Rs. 40,000 for each unexpired year of the duration of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount to tax, but in appeal to the Appel late Assistant Commissioner the order was reversed. That order was confirmed by the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal was called upon by the Commissioner to state a case under section 66(1) but the Tribunal declined to do so. An application by the Commissioner under section 66(2) to the High Court was rejected. The Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l to state a case. In our view, the true nature of the payment received by the respondent fell to be determined on the legal effect of the terms of the agreement of employment, the letter terminating employment and the agreement under which Rs. 7 lakhs were paid to the respondent. Such a determination in our view is one on a question of law, and not of fact. The High Court, in our view, was in err ..... X X X X Extracts X X X X X X X X Extracts X X X X
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