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2016 (6) TMI 47 - ITAT MUMBAITreatment of receipt from sale of film scripts - income from other sources OR business income - Held that:- The assessee has failed to place on record any material evidence to controvert the findings of the learned Commissioner of Income-tax (Appeals)/Assessing Officer that the income from sale of film scripts is to be treated as "Income from other sources" and not "Business income" as claimed and consequent disallowance of various expenses claimed by the assessee. In this view of the matter, we are of the opinion that there is no sufficient reason for us to interfere with or deviate from the findings in the impugned order of the learned Commissioner of Income- tax (Appeals) and therefore uphold the same. - Decided against assessee Charging of interest under section 234A, section 234B, section 234C and section 234D - Held that:- The charging of interest is consequential and mandatory and the Assessing Officer has no discretion in the matter. This proposition has been upheld by the hon'ble apex court in the case of CIT v. Anjum M. H. Ghaswala [2001 (10) TMI 4 - SUPREME Court ] and we therefore uphold the action of the Assessing Officer in charging the assessee the said interest. The Assessing Officer is, however, directed to recompute the interest chargeable, if any, under section 234A, section 234B, section 234C and section 234D of the Act while giving effect to this order.
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