The Commissioner Of Income Tax v. Late Shri M. C. Setalvad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICGTION INCOME TAX REFERENCE NO. 105of 1986 The Commissioner of Income Tax ... Applicant. vs. Late Shri M. C. Setalvad ... Respondent Mr. Ashok Katangale for Applicant.S. J. Mehta for Respondent. CORAM: V. C. DAGA AND A. S. AGUIAR JJ. Date: 6[th] July, 2005. P. C.: 1. By this reference under section 256 (1) of the Income Tax Act , 1961, the Income Tax Appellate Tribunal has referred the followingquestions of law for the opinion of this court: questions of law for the opinion of this court: “Whether on the facts and circumstances of the case,the Tribunal was justified in law in holding that theamounts of outstanding fees, due to the deceased atthe time of his death and received by the executor of hisestate were not liable to be included in the executor'stotal income? 2. Heard learned counsel for both sides. Perused reference proceedings. 3. For the reasons recorded by us in our judgment dated 1[st] July 2005 passed in Income Tax Reference No. 397 of 1988 (C.I.T. vs. M/s.Pithwa Engg. Works), wherein we have relied upon decision of thiscourt in the case of Commissioner of Income-tax v/s. CamcoColour Co., reported in ITR Vol. 254 (2002), page 565 we do ntothink it necessary to answer the reference made to this Corut for theAssessment Years 1976-77 and 1977-78, having negligible taxeffect. Accordingly, reference stands returned unanswered withno order as to costs. (A. S. AGUIAR J.) (V. C. DAGA J. ) -x-