Prior dismissal of identical tax questions barred fresh reference, while the molasses reserve fund issue was sent for reference.

A Delhi HC note on reference applications held that no fresh reference was required on the Revenue's challenges to deletion of disallowance of interest, because identical questions on interest paid to the Karnataka Industrial Development Board and on interest treated as capital expenditure for modernisation and expansion had already been dismissed in an earlier year on substantially similar facts. In contrast, the Court directed the Tribunal to state the case and refer the question whether the molasses reserve fund constituted the assessee's income or whether the claimed deduction was allowable, noting that this issue had previously been directed to be referred in an earlier matter.

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Outcome: The reference petition was disposed of with a direction to state the case and refer only the third question of law; no reference was called for on the first two questions.

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