Shri.shankar Ssk Ltd.solapur v. Dy.commissioner Of Income-Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.608 OF 2004 INCOME TAX APPEAL NO.608 OF 2004 Shri.Shankar SSK Ltd.Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.3, Solapur .. Respondent WITH INCOME TAX APPEAL NO.609 OF 2004 INCOME TAX APPEAL NO.609 OF 2004 Shri.Shankar SSK Ltd.Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.1, Kolhapur .. Respondent WITH INCOME TAX APPEAL NO.610 OF 2004 INCOME TAX APPEAL NO.610 OF 2004 INCOME TAX APPEAL NO.610 OF 2004 Sahakar Maharshi Shankarrao Mohite Patil SSK Ltd., Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.1, Kolhapur .. Respondent WITH INCOME TAX APPEAL NO.625 OF 2004 INCOME TAX APPEAL NO.625 OF 2004 Shri.Siddeshwar SSK Ltd., Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.3, Solapur .. Respondent WITH INCOME TAX APPEAL NO.629 OF 2004 INCOME TAX APPEAL NO.629 OF 2004 Shri.Shankar SSK Ltd., Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.3, Solapur .. Respondent WITH INCOME TAX APPEAL NO.630 OF 2004 INCOME TAX APPEAL NO.630 OF 2004 Shri.Shankar SSK Ltd., Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.1, Kolhapur .. Respondent WITH INCOME TAX APPEAL NO.631 OF 2004 INCOME TAX APPEAL NO.631 OF 2004 Shri.Siddeshwar SSK Ltd., Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.3, Solapur .. Respondent INCOME TAX APPEAL NO.632 OF 2004 INCOME TAX APPEAL NO.632 OF 2004 INCOME TAX APPEAL NO.632 OF 2004 Shri.Siddeshwar SSK Ltd., Solapur .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.3, Solapur .. Respondent WITH INCOME TAX APPEAL NO.688 OF 2004 INCOME TAX APPEAL NO.688 OF 2004 NIPHAD SSK Ltd., Nashik .. Appellant V/s Dy.Commissioner of Income-tax, Spl.Rg.1, Nashik .. Respondent ..... Mr.S.N.Inamdar with Mr.P.Vaidya for the Appellants in all Appeals. Mr.R.V.Desai (Sr.Counsel) with Ms.S.V.Bharucha & Mr.Pankaj Kapoor for the Respondents in all Appeals. CORAM: S.RADHAKRISHNAN & CORAM: S.RADHAKRISHNAN &J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATE : 18.01.2005. DATE : 18.01.2005. P.C.: P.C.: 1. Heard the learned Counsel for the parties. By these Appeals the Appellants have sought to raise the substantial question of law as to whether non-refundable & refundable deposits can be treated as income of the assessee. On this issue, recently the Supreme Court in the case of Siddheshwar Sahakari Sakhar Karkhana Ltd.V/s Siddheshwar Sahakari Sakhar Karkhana Ltd.V/sCommissioner of Income Tax and Others - 270 ITR 1, has"non-refundable and refundabledeposits cannot be treated as income of theassessee-societies". In view thereof, all Appeals are Commissioner of Income Tax and Others - 270 ITR 1, clearly held that "non-refundable and refundable deposits cannot be treated as income of the assessee-societies" allowed, however, with no order as to costs. (S.RADHAKRISHNAN,J.) (S.RADHAKRISHNAN,J.)