Judgment:
A.R. Tiwari, J.
1. These three applications are filed by the Commissioner of Income-tax, Bhopal, under Section 256(2) of the Income-tax Act, 1961, after refusal to refer the proposed question of law by the Income-tax Appellate Tribunal, Indore, on February 28, 1995, in Reference Applications Nos. 1, 2 and 3/(Ind) of 1989 for the assessment years 1985-86 to 1987-88 arising out of I. T. A. Nos. 365/(Ind) of 1989, 60/(Ind) of 1990 and 763/(Ind) of 1990, respectively.
2. The question of law proposed in these applications is reproduced below :
'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that Rs. 10,31,455 for the assessment year 1985-86, Rs. 7,80,578 for the assessment year 1986-87, and Rs. 6,58,998 for the assessment year 1987-88, received by the assessee under the Cinema House Subsidy Rules issued by the Government of Madhya Pradesh on October 23, 1982, is a capital receipt and is, therefore, not taxable as a revenue receipt ?'
3. The Income-tax Appellate Tribunal held that no referable question of law arose and as such declined to refer the question.
4. We have heard Shri D.D. Vyas, learned counsel for the applicant. He very frankly submitted that the matter proposed to be projected in these applications stands concluded by the decision of this court as in CIT v. Bhandari Capacitors Put. Ltd : [1987]168ITR647(MP) .
5. Indisputably, the question as proposed, thus, stands answered by this court against the Revenue, i.e., the applicant. The relevant decision is reported in CIT v. Bhandari Capacitors Pvt. Ltd. : [1987]168ITR647(MP) : That being so, no referable question is in existence. The Income-tax Appellate Tribunal thus, rightly held that there was no referable question and committed no error in rejecting the prayer.
6. The only contention urged before us is that a special leave petition has been filed against the aforesaid decision and is pending. Counsel was, however, unable to show that the pendency of a special leave petition can obliterate the impact of the decision on the question and can give rise to a question of law for a direction to state the case and make reference to this court. This court feels bound by the decision until it is reversed or overruled. A similar application (M. C. C. No. 16 of 1993) was rejected by this court on April 19, 1994.
7. In the circumstances, we find that these applications are inutile and futile and should suffer summary rejection.
8. Ex consequenti, we hold that there is no question of law apparent and reject the applications summarily without notice to the non-applicant.
9. This order shall be retained in the record of Income-tax Reference No. 2 of 1995 and copy thereof shall be placed in the records of Income-tax References Nos. 3 of 1995 and 4 of 1995.