( 1 ) THIS is a reference, at the instance of the Commissioner of Income Tax, and the Income Tax Appellate Tribunal, Ahmedabad Bench c has referred the following questions under Section 256 (1) of the Income Tax Act, 1961 (for short the Act) :" (1) Whether, in law and on facts the difference between the w. d. v. and the market value of the cars given to the employees was to be treated as a perquisite for working out the disallowance u/s. 40a (5)/40 (c)? (2) Whether, in law and on facts the Tribunal was right in upholding the deletion of the sum of Rs. 52,72,845/- paid as technical design fee to M/s. Weserhutte A. G. West Germany ?"

( 2 ) THE Assessment Year is 1982-83 and the relevant accounting period is calender year ended 31-12-1981.

( 3 ) HEARD Mr. M. R. Bhatt, learned sr. standing counsel on behalf of the applicant - revenue and Mr. B. D. Karia, learned advocate appearing on behalf of the respondent assessee.

( 4 ) IT is common ground between the parties that the second question referred to us stands concluded by an unreported decision of this Court dated 18-01-2001 rendered in I. T. R. No. 49 of 1988 pertaining to Assessment Year 1981-82 in the assesses own cas