IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1265 OF 2000 INCOME TAX APPEAL NO. 1265 OF 2000 INCOME TAX APPEAL NO. 1265 OF 2000 The Commissioner of Income Tax, Kolhapur ...Appellant V/s. Shri Dudhganga Vedganga Sahakari Sakhar Karkhana Ltd. ...Respondent Mr.Vimal Gupta i/b. Mr.R.N. Bandopadhyay for the Appellant. Mr.S.N. Inamdar for the Respondent. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATED : JUNE 23, 2008 DATED : JUNE 23, 2008 DATED : JUNE 23, 2008 P.C. :- P.C. :- P.C. :- 1. Learned Counsel appearing for assessee and the department very fairly state that the questions of law framed in the present case are already answered by a Division Bench Judgment of this Court in the case of Commissioner of Income-Tax V/s. Malegaon Sahakari Commissioner of Income-Tax V/s. Malegaon Sahakari Commissioner of Income-Tax V/s. Malegaon Sahakari Sakhar Karkhana Ltd. reported in (2005) 279 ITR (Bom) Sakhar Karkhana Ltd. reported in (2005) 279 ITR (Bom) Sakhar Karkhana Ltd. reported in (2005) 279 ITR (Bom) wherein Item nos.1 and 2 are covered in favour of the assessee while Item no.3 is covered in favour of the department which reads as under :- (1) "Whether on the facts and in the - 2 - circumstances of the case the Tribunal following the decision of the special Bench in the case of Shri Chhatrapati S.S.K.Ltd. reported in 198 ITR 78(AT) was justified in deleting the following addition made by the assessing officer on the ground that the same are not trading receipts, thus not following the decision of the Hon. Supreme Court reported in 172 ITR 321 and 177 ITR 469 ?" 1988-89 (1) Non Refundable Deposits Rs.14,95,913/- (2) Int. on N.R.D. Rs.67,34,990/- (3) Cane Development Fund Rs.13,59,688/- 2. In view of the above, we answer the question of law by doctrine of the reasoning given by the Division Bench of this Court in the case of Commissioner of Commissioner of Commissioner of Income-Tax V/s. Malegaon Sahakari Sakhar Karkhana Ltd. Income-Tax V/s. Malegaon Sahakari Sakhar Karkhana Ltd. Income-Tax V/s. Malegaon Sahakari Sakhar Karkhana Ltd. (Supra), (Supra), (Supra), particularly, allow the appeal of the department. Item No.3 also shall be added while the - 3 - assessee would be entitled to the deletement of Item Nos.1 and 2. No other question of law, much less, the substantial question of law arises. . Appeal is disposed of. No order as to costs. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J.