1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.198 OF 1999 The Commissioner of Income Tax Kolhapur .. Applicant. V/s. The Maharashtra Co-op. Engg. Society Ltd., Shiroli .. Respondent. Mr.Ashok Kotangale with Mr.Parag Vyas for the applicant. Mr.Pramod Vaidya i/b. S.N. Inamdar 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 : 24TH OCTOBER, 2005. DATED : 24TH OCTOBER, 2005. DATED : 24TH OCTOBER, 2005. P.C. : 1. Heard the learned counsel for the parties. 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 directing the Assessing Officer not to make addition on account of non-refundable deposits and interest on non-refundable deposits if the bye-laws of the assessee society were similar to the bye-laws in the case of Chhatrapati SSK Ltd., and thus in holding that the non-refundable deposits and interest on non-refundable deposits are allowable deductions, relying on the decision of the Special Bench of the Income-tax Appellate Tribunal, Pune in the case of Shri Chhatrapati SSK Ltd., (198 ITR 78 AT) ? 2 2. The issue sought to be raised in this reference is squarely covered by the decision of the Apex Court in the case of Siddheshwar S.S.K. Ltd. Siddheshwar S.S.K. Ltd. Siddheshwar S.S.K. Ltd. V/s. CIT [(2004) 270 ITR 1 (SC)] V/s. CIT [(2004) 270 ITR 1 (SC)] V/s. 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.)