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1990 Supreme(P&H) 684

G.C.MITTAL, G.S.CHAHAL
Haryana Government College Teachers Association – Appellant
Versus
Union Of India – Respondent


Judgment

, J.

1. In this bunch of 60 writ petitions, the vires of Sec.10 (14) (ii) of the Income-tax Act, 1961 (as amended up to the insertion of the Direct Tax Laws (Second Amendment) Act, 1989), hereinafter to be referred to as the "act", has been challenged on the grounds that there is excessive delegation of legislative power by Parliament to the Central Government and that the delegated power is unguided and uncanalised. In substance, the inaction of the Central Government in not exempting city compensatory allowance and dearness allowance by not including these two items in the exemption notification is the basis of challenge.

2. Section 2 (24) of the Act defines income and, according to Sub-clauses (iiia) and (iiib) of this section, any special allowance or benefit, other than perquisite included under Sub-clause (iii), specifically granted to the asses-see to meet expenses wholly, necessarily and exclusively for the performance of the duties of an office or employment of profit and any allowance granted to the assessee either to meet his personal expenses at the place where the duties of his office or employment of profit are ordinarily performed by him or at a place where h






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