IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 187 of 1992 For Approval and Signature: HON'BLE MR.JUSTICE M.S.SHAH and HON'BLE MR.JUSTICE A.M.KAPADIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- COMMISSIONER OF INCOME-TAX Versus RANGRAJ KESHRIMAL -------------------------------------------------------------- Appearance: 1. INCOME TAX REFERENCE No. 187 of 1992 MR MANISH R BHATT for Petitioner No. 1 .......... for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.S.SHAH and HON'BLE MR.JUSTICE A.M.KAPADIA Date of decision: 15/01/2004 ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE M.S.SHAH) In this reference at the instance of the revenue, the following question is referred for our opinion in respect of assessment year 1977-78 :- "Whether the Appellate Tribunal is right in law in holding that the income earned from the firm belonged to Rangraj Keshrimal family trust and thereby deleting the said income from the income of the assessee ?" 2. We have heard Mr MR Bhatt, learned Standing Counsel for the revenue. Though served, none appears for the respondent-assessee. 3. Our attention is invited to the decision dated 29.8.2002 by another Division Bench of this Court in Income-tax Reference No. 186 of 1990 involving the same controversy between the same parties for another assessment year. The question considered in the said reference was as under :- "Whether the Appellate Tribunal is right in law in holding that the income earned from the firm belonged to Rangraj Keshrimal Family Trust and thereby deleting the said income from the income of the assessee ?" After hearing the learned standing counsel for the revenue (the respondent-assessee was absent in that case also), this Court answered the question in the affirmative i.e. in favour of the assessee and against the revenue. 4. Since the controversy raised in the present reference is already concluded against the revenue, we answer the question in the affirmative i.e. in favour of the assessee and against the revenue. The reference accordingly stands disposed of. (M.S. Shah, J.) (A.M. Kapadia, J.) sundar/-