IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX REFERENCE NO. 57 OF 1998. TAX REFERENCE NO. 57 OF 1998. TAX REFERENCE NO. 57 OF 1998. The Commissioner of Income-tax. ... Applicant. V/s. Shri Chhatrapati S.S.K.Ltd. ... Respondent. Ashok Kotangale with Parag Vyas for the applicant. P.J.Vaidya with S.N.Inamdar for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 4th October 2005. : 4th October 2005. : 4th October 2005. P.C. P.C. P.C. : : : ---- ---- ---- . By this reference under section 256(1) of the Income-tax Act, 1961, the Income Tax Appellate Tribunal has referred the following questions of law for the opinion of this Court: 1. Whether, on the facts and in the circumstances of the case, the ITAT relying on the decision of Special Bench of ITAT in the case of Shri Chhatrapati S.S.K. (198 ITR -78 - AT) was right in deleting 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; (2) Refundable deposits; (3) Cane development fund; (4) Area development fund; (5) Chief Minister’s fund; (6) Hutment fund; (7) Small savings; (8) Interest on N.R.D. . Learned counsel for the parties agreed that in view of the decision of the Apex Court in the case of Siddheshwar Sahakari Sakhar Karkhana Ltd. Siddheshwar Sahakari Sakhar Karkhana Ltd. Siddheshwar Sahakari Sakhar Karkhana Ltd. v.v.v. C.I.T. C.I.T. C.I.T., (2004) 270 ITR 1, so far as item Nos.(1); (2); (5); (6) and (7) are concerned, the question referred is answered in favour of the assessee and against the Revenue. So far as item Nos.(3); (4) and (8) are concerned, the question referred is remanded to the Tribunal for determination afresh. . Reference stands disposed of with no order as to costs. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)