Commissioner of Income Tax Vs Bhor Industries Ltd.

S.H. Kapadia, J.@mdashThe following question of law has been referred to us by way of Department''s appeal for asst. yr. 1994-95 :

"Whether, on the fact and circumstances of the case and in law, the Hon''ble Tribunal erred in allowing the appeal of the assessee by excluding the sum of Rs. 20 crores received by the assessee being the compensation for the relinquishment of its tenancy right for the Cadell Road factory premises."

2. In view of the judgment of this Court in the case of Cadell Weaving Mill Co. P. Ltd. Vs. Commissioner of Income Tax, , the question is answered in the negative i.e., in favour of the assessee and against the Department.

3. Appeal is accordingly disposed of with no order as to costs.