1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.477 OF 1997 The Commissioner of Income Tax Kolhapur .. Applicant. V/s. Shri Bhogwati ssk ltd., Parite Kolhapur .. Respondent. Mr.A.S. Rao with Mr.Pankaj Kapoor for the applicant. Mr.S.N. Inamdar with Mr.P. Vaidya for the respondent. CORAM : V.C. DAGA & CORAM : V.C. DAGA & CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 12TH APRIL, 2005. DATED : 12TH APRIL, 2005. DATED : 12TH APRIL, 2005. P.C. : 1. Heard the learned counsel for the applicant. The Tribunal has referred following questions for the opinion of this Court, reading as under : Whether on the facts and in the circumstances of the case the Tribunal, relying on the decision of its Special Bench of ITAT in the case of Shri Chhatrapati SSK Ltd. (198 ITR 78 - AT) was right in deleting the following additions by holding that the various funds/deposits collected by the assessee society out of the sugarcane purchase price payable to the cane growers are not trading receipts of the assessee ? 1. Non-refundable deposits and other funds Rs.53,02,131 2. Interest on N.R.D. Rs.48,39,637 2. In so far as both the items are concerned, the issue is covered by the decision of the Apex 2 Court in the case of Siddheshwar S.S.K. Ltd. V/s. Siddheshwar S.S.K. Ltd. V/s. Siddheshwar S.S.K. Ltd. V/s. CIT [(2004) 270 ITR 1 (SC)] CIT [(2004) 270 ITR 1 (SC)] CIT [(2004) 270 ITR 1 (SC)] in favour of the assessee and against the revenue. 3. The reference is disposed of in the above terms with no order as to costs. (V.C. DAGA, J.) (J.P. DEVADHAR, J.)