Judgment

Quadri, J.-Civil Appeal No. 207 of 1995 is filed by the assessee - Universal Plast Limited-from the judgment and order of a Division Bench of the Calcutta High Court in Income Tax Reference No. 17 of 1991 under Section 256(2) of the Income Tax Act, 1961 (for short, ‘the Act’) passed on February 6, 1992 (hereinafter referred to as ‘UPL Case’).

2. Civil Appeals Nos. ........of 1999 @ Special Leave Petition (C) Nos. 10912-14 and 10984 of 1986, in which leave is granted, are preferred by the assessee-The Guntur Merchants Cotton Press Company Limited, Guntur-aggrieved by the judgment and order of a Division Bench of the Andhra Pradesh High Court in Case Referred No. 22 of 1979, under Section 256(1) of the Act dated August 9, 1984 (hereinaf­ter referred to as ‘Guntur Merchants’ case’).

3. The points for consideration in these appeals are similar.

In UPL case, the question of law referred to the Calcutta High Court, at the instance of the revenue, reads :

“Whether on the facts and in the circumstances of the case, the Tribu­nal was correct in law that the income received by the assessee by leasing out the factory was business income?”

4. The following is one of the questions of law ref