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2016 (9) TMI 1251 - HC - Income TaxDeduction u/s 80 HHC - Interest received - nature of income - income from other sources v/s business income - Held that:- From the record, as interest is not the business income, in that view of the matter, the discretion of the Division Bench which was sought by counsel for the appellant is not applicable to the facts of the present case. The appellant was not in position to establish that before AO or CIT (Appeals) or Tribunal he has attempted to show this as business income. Appellant has taken us through the finding recorded by AO and CIT (A) as well as oral and documentary evidence on record on the point of interest and business income. The income involved is not a business income, therefore, naturally they will not be entitled to benefit under Section 80HHC and view taken by the Tribunal is required to be upheld and for the same, the issue is answered in favour of Department and against the assessee.
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