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2017 (4) TMI 1551 - AT - Income TaxInterest earned on deposits made in the pre-operative period - income from other sources - addition made to the taxable income of the assessee - HELD THAT:- We are of the view that the issue is covered against the assessee by various orders of the ITAT, Chandigarh bench in the case of the assessee itself. The latest order of 7th December 2016 has been placed on record in which the Tribunal, following earlier orders in the case of the assessee, has decided the issue against the assessee. No distinguishing facts have been brought to our notice nor any error pointed out in the order of the CIT (Appeals) in following the order of the Tribunal in the case of the assessee. The Ground of appeal No.1 raised by the assessee, therefore, we hold has no merit. The same is accordingly dismissed. Treating the miscellaneous income as income from other sources - HELD THAT:- We are in agreement with the Ld. CIT (Appeals) that though the assessee has contended that the said receipts are incidental to the construction of the project and by virtue of the proposition laid in the case of CIT vs Bokaro Steel limited [1998 (12) TMI 4 - SUPREME COURT] the same should be treated as its business income and deducted from the preoperative expenses incurred by I.T.A.T., at the same time we find that no evidences to substantiate the submissions have been filed either before the lower authorities or even before us. In view of the same we have no option but to concur with the Ld. CIT (Appeals) that the assessee has not discharged the onus cast upon him and accordingly the action of the Ld. CIT (Appeals) is upheld treating the impugned income as income from other sources.
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