1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.30 OF 1997 The Commissioner of Income Tax Kolhapur .. Applicant. V/s. Sahyadri SSK Ltd. Satara .. 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 : 19TH APRIL, 2005. DATED : 19TH APRIL, 2005. DATED : 19TH 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 was justified in law in holding in respect of various funds like Chief Minister’s fund, hutment fund, cane development fund, small savings scheme, Y.B. Chavan Memorial fund, that the assessee acted as an agent and collections were made as per the directions of the State Government for spending them on the purposes specified by the State Government and that the collections were made by way of retaining amount of cane price payable to the sugarcane growers and hence are not trading receipt liable to tax ? 2. In so far as all other items except cane development fund is concerned, the issue is covered by the decision of the Apex Court in the case of Siddheshwar S.S.K. Ltd. V/s. CIT [(2004) 270 ITR 1 Siddheshwar S.S.K. Ltd. V/s. CIT [(2004) 270 ITR 1 Siddheshwar S.S.K. Ltd. V/s. CIT [(2004) 270 ITR 1 2 (SC)] (SC)] (SC)] in favour of the assessee and against the revenue. So far as Cane Development Fund is concerned, the issue will have to be referred back to the Tribunal for consideration afresh as per the judgment of the Apex Court in the case of Siddheshwar S.S.K. Ltd. (supra). As such the said issue stands remanded back to the Tribunal for consideration afresh. 3. The reference is disposed of in the above terms with no order as to costs. (V.C. DAGA, J.) (J.P. DEVADHAR, J.)