S.K. Desai, J.@mdashAlthough the answer to be given to the question seems to be concluded as far as this court is concerned by the decision in Metal Rolling Works Pvt. Ltd. Vs. Commissioner of Income Tax, , it is pointed out by learned counsel for the applicant that the Bombay decision cites with approval and follows Commissioner of Income Tax Vs. Swadeshi Cotton Mills Co. Ltd., . It has been shown to us by reference to 1982 135 ITR 110, Swadeshi Cotton Mills Co. Ltd. v. CIT (S. L. P. (Civil) 10498 of 1980), that the said Allahabad decision is under appeal to the Supreme Court.
2. To protect the applicant we make the rule absolute.
3. Costs of the application to be costs in the cause.
