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Section 28(i) of the Income-tax Act, 1961 - Business income - Chargeable as - Assessee, a co-operative sugar factory, collected various funds/deposits out of sugarcane purchase price payable to cane growers - Assessing Officer made addition on account of non-refundable deposits, Chief Minister's relief fund, area development fund, cane development fund, hutment fund, education fund, Chavan Memorial trust and interest on non-refundable deposits - Tribunal deleted addition holding that said funds/deposits were not trading receipts and could not be treated as income of assessee - Whether in view of decision of Supreme Court in CIT v. Shri Chhatrapati Sahakari Sakhar Karkhana Ltd. [2004] 270 ITR 1/139 Taxman 434 and Division Bench of Bombay High Court in Krishna Sahakari Sakhar Karkhana Ltd. v. CIT [1998] 229 ITR 577, Tribunal was justified in deleting additions on account of non-refundable deposits, interest on non-refundable deposits, CM's Relief Fund, hutment fund, education fund and Chavan Memorial trust - Held, yes - Whether however, order deleting additions in respect of cane development fund was to be set aside - Held, yes - Whether, further, it was to be directed to decide matter relating to area development fund afresh after taking into consideration bye-laws and directives issued by Government in respect of use of area development fund - Held, yes CASE REVIEW CIT v. Shri Chhatrapati Sahkari Shakar Karkhana Ltd. [2004] 270 ITR 1 (SC) followed & relied upon. CASES REFERRED TO CIT v. Shri Chhatrapati Sahakari Sakhar Karkhana Ltd. [2004] 270 ITR 1/ 139 Taxman 434 (SC)[Para 2], Krishna Sahakari Sakhar Karkhana Ltd. v. CIT [1998] 229 ITR 577 (Bom.) [Para 2] andCIT v. Malegaon Sahakari Sakhar Karkhana Ltd. [2005] 148 Taxman 329 (Bom.) [Para 2]. Dr. P. Daniel and A.S. Rao for the Appellant. JUDGMENT J.H. Bhatia, J. - This appeal is preferred by the revenue under section 260A of the Income-tax Act against the order of the Income-tax Appellate Tribunal. The following substantial question of law is raised in the said Appeal : "Whether on the facts and in the circumstances of the case, the I.T.A.T. relying upon the Special Bench in the case of Shri Chhatrapati…

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