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2015 (3) TMI 1421 - HC - Income TaxSubstantial question of law - disallowance of interest as proposed by AO u/s 36(1)(iii) - as stated all the questions of law have not been answered by any judgment of this Court - HELD THAT:- We have perused the questions of law in Income Tax Appeal [2015 (12) TMI 1881 - BOMBAY HIGH COURT] In the case of same assessee, on similar question Nos.1 & 2, the Tribunal found that loans and advances given by the assessee company to its subsidiary company was raised for the assessment year 1989- 90 and it was decided in favour of the assessee. In the present case, we are concerned with the assessment years 1998-99 to 2002-03. The Tribunal has consistently applied the ratio of its decision rendered for assessment years 1989-90 and assessment year 1997-98 [2013 (2) TMI 601 - ITAT MUMBAI]. We do not find that there is any change in the factual position. The revenue may have preferred an appeal in this Court against the Tribunal's order for those assessment years, but no record of any appeal having been admitted on the questions of law proposed in the present appeal has been produced before us. As we admit these appeals on the following substantial question of law:- “ Whether on the facts and in the circumstances of the case and in Iaw, the ITAT was correct in allowing deduction under section 80HHC with regard to meals supplied to foreign air lines ? ”
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