Judgment

HEGDE, J.: The Commissioner of Income-tax, Assam and Nagaland has brought this appeal by certificate. The assessment with which we are concerned in this appeal is for the assessment year 1963-64, the relevant accounting year is the financial year 1962-63. The assessee was the manager of a Tea Estate under the managing agency of M/s. Gillanders Arbuthnot & Co. Ltd. The said company had a Provident Fund scheme for its employees. But that provident fund was not a recognised one. The assesses retired during the previous year relevant to assessment year 1963-64 and received out of this provident fund an amount of Rs. 27,948/- which represented the interest on the amount of his own contribution to the fund. The Income-tax Officer assessed this amount as the assessee s income from other sources. That order was confirmed in appeal by the Appellate Assistant Commissioner. But on further appeal to the tribunal by the assessee, the tribunal came to the conclusion that the receipt in question being profits in lieu of salary , the same was his salary as defined in Section 17 of the Income-tax Act, 1961 (to be hereinafter referred to as the Act): the same having not been assessed as his