(1.) THE following question of law has been referred to us by way of Department's appeal for asst. yr. 1994-95 :
(2.) IN view of the judgment of this Court in the case of Cadell Weaving Mill Co. (P) Ltd. v. CIT (2001) 166 CTR (Bom) 7 : (2001) 249 ITR 265 (Bom), the question is answered in the negative i. e. , in favour of the assessee and against the Department.
(3.) APPEAL is accordingly disposed of with no order as to costs.