AJIT K. SENGUPTA, J.

( 1 ) IN this reference under Section 256 (1) of the Income-tax Act, 1961, the Tribunal has referred the following question of law for our opinion :"whether, on the facts and in the circumstances of the case, the amount written back by the assessee during the year under consideration, viz. , Rs. 17,595, could be assessed as income of the assessee ?"

( 2 ) SHORTLY stated, the facts are as under : the assessee is a limited company. It wrote back unclaimed liabilities and sundry amounts of Rs. 17,595 in its profit and loss account. The assessee pleaded before the Income-tax Officer that the amount written back in the profit and loss account was not taxable in view of the decision in the case of CIT v. Sugauli Sugar Works P. Ltd. The Income-tax Officer did not accept the contention of the assessee and he took the amount written back by the assessee as its income.

( 3 ) THE assessee, being aggrieved, appealed to the Commissioner of Income-tax (Appeals) who confirmed the action of the Income-tax Officer.

( 4 ) THE assessee came in appeal before the Tribunal and relied on the decisions in the cases of Sugauli Sugar Works P. Ltd. and CIT v. B. N. Elias and Co. (P.)

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