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2019 (7) TMI 694 - HC - Income TaxCommission to sole selling agent - whether should be included in the total turnover when actually the said sum is not received by the assessee at all? - HELD THAT:- Issue considered in favour of the assessee. In the earlier decision in the assessee's own case for the AY 2003-04 and 2004-2005, the appeal filed by the Revenue against the said order of the Tribunal was dismissed. Accordingly, substantial question of law No.1 has decided in favour of the assessee Deduction u/s 80HHC - Royalty income which treated as business income - Whether the interest and profit of sale of assets do not qualify for deduction under Section 80 IB as profits not derived from industrial undertaking ? - Whether “License fee” received for Makshi unit, can be under clause (baa) of Section 80HHC even though there is no reference to “License fee” in clause (baa)? - HELD THAT:- As in the assessee's own case for the Assessment Years 2003-04 and 2004-05, the questions were considered against the assessee and such decision was upheld by this Court. Therefore, substantial questions of law Nos.2 to 6 have to be answered in favour of the Revenue and against the assessee.
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