(1.) THE Income-tax Appellate Tribunal has referred the following question of law for opinion of this court :

"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 24,887 did not form the trading receipts and, therefore, was not assessable income of the assessee ?"

(2.) THE assessee is a registered firm and derives income from commission agency and also from some business in its own account in the commodities, namely, sugar and arhar. THE assessee filed a return declaring a total income of Rs. 1,09,181. On scrutiny, the Income-tax Officer found that the assessee had debited a sum of Rs. 24,887 in the anamat khata realised by it towards Mandi Samiti fee from the customers, and the Income-tax Officer thus included the said amount towards the income of the assessee. On appeal, the Appellate Assistant Commissioner upheld the order of the Income-tax Officer. THE assessee, thereafter, filed a second appeal before the Income-tax Appellate Tribunal. THE Tribunal was of the view that since there is liability on the part of the assessee to pay mandi shulk as such the amount of Rs. 24,887 could not have been included in t