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2020 (1) TMI 1642 - SC ORDERInterest income earned towards the surplus funds lying with it - business income or income from other source - AO had brought amounts to tax – As decided by HC on question of treatment of the amounts derived as to whether they are business income or income from other source judgment in NTPC SAIL Power Co. Pvt. Ltd. [2012 (10) TMI 524 - DELHI HIGH COURT] is conclusive and averse to the Revenue. HELD THAT:- As petitioner, on instructions issued by the Department of Revenue, Ministry of Finance vide F.No.390/Misc./116/2017-JC dated 22.08.2019, seeks permission to withdraw this special leave petition along with pending applications therein due to low tax effect. Permission granted, subject to just exceptions. SLP and pending applications are dismissed as withdrawn, leaving question(s) of law open.
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