SATISH CHANDRA, J. - (1.) FOR the asst. yr. 1970-71, the Tribunal has referred the following two questions for our opinion:-- "1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the assessee's income from warehousing charges and miscellaneous receipts was exempt from tax within the meaning of S. 10 (29) of the IT Act, 1961 notwithstanding the provisions of S. 39 of the warehousing Corporation Act, 1962?"
(2.) WHETHER , on the facts and in the circumstances of the case the Tribunal was legally correct in holding that no surtax was chargeable on the income of the assessee for the asst. yr. 1970-71, even though the assessee had itself filed return of chargeable profits under S. 5 of the Companies (Profits) Surtax Act, 1964, showing the chargeable profits as Rs. 6,65,270/-?" The Tribunal following a decision of this Court in U.P. State Warehousing Corporation vs. Income Tax Officer, A-Ward, Circle II, and another 94 ITR 129 All, has held that Warehousing charge and miscellaneous receipts were exempt from tax within the meaning of S. 10 (29) of the IT Act, 1961, notwithstanding the provisions of S. 39 of the Warehousing Corporations Act, 1962. The earlier decision of this Court was inter partes, though for another assessment year . We are bound by it. The second question is consequential on the first. In view of the earlier decision inter partes, both the questions are answered in favour of the assessee and against the Department. The assessee will be entilted to costs which are assessed at Rs. 200/--;