TMI Blog1990 (5) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Tribunal to state a case on the following question of law and refer the same to this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the claim in payment of guarantee commission in the sum of Rs. 45,000 to Kalinga Foundation Trust, which is not considered to be a genuine trust ?" The aforesaid amount was shown in the books of account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been held to be an independent and separate entity and advances by it have been held to be real and genuine and such a holding, having been upheld by this court, as stated by the Tribunal, which is not disputed by the Revenue before us, we see no merit in this application and decline our jurisdiction.
In the result, the application is dismissed.
S. C. MOHAPATRA J. - I agree. X X X X Extracts X X X X X X X X Extracts X X X X
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