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2019 (3) TMI 17 - HC - Income TaxDeduction u/s 80-IA - netting of interest allowed in first round of litigation - Order not challenged by revenue - interest were received in the course of business or in relation to business transaction - HELD THAT:- AO had denied deduction u/s 80I-A but not altogether declined that the income received was by way of business. Were it not so, the question of considering the alternate submission of assessee, i.e. for the benefit of netting would not have been remitted by the ITAT in its first order. It was open to the Revenue to have questioned the remand in the first instance. Having not done so, it cannot now question the findings of the lower appellate authority with respect to the working out of the netting principle in the facts of this case. No substantial question of law arises in this regard. Miscellaneous income reported from sale of scrap, including cheque bouncing charges, late payment charges etc. - whether it could be treated as business income having regard to the fact that the assessee is a telecommunications company - HELD THAT:- It is not disputed that this question has been decided against the Revenue in Principal Commissioner of Income Tax-09 v. M/s. Vodafone Mobile Services Ltd. [2019 (1) TMI 472 - DELHI HIGH COURT] by a Division Bench of this Court.
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