TMI Blog2008 (11) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... n under section 80-IA of the Income-tax Act, 1961 ?” – Held, yes - we are not inclined to entertain the above appeals, as there is no substantial question of law involved in both the appeals - 67 of 2006 with 46 of 2006 - - - Dated:- 25-11-2008 - DR. S. RA DHA KRISHNAN and V. C. DAGA JJ. Suresh Kumar for the appellant. R. Murlidhar with A. K. Jasani for the respondent . JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 001 through their order dated September 13, 2004. After considering the facts and features of the case and also considering the decision of the Supreme Court in the case of Pandian Chemicals Ltd. v. CIT [2003] 262 ITR 278, the Tribunal has held that the interest income earned by the assessee was in the nature of business income and should be considered as part of business profit for the purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Eltek SGS P. Ltd. reported in [2008] 300 ITR 6 wherein the Delhi High Court has in fact considered the very same issue, and also the judgment relied upon by the Revenue and has clearly distinguished the language employed under sections 80-IB and 80HH and has observed as under (pages 9, 10): "That apart, section 80-IB of the Act does not use the expression 'profits and gains derived from an ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, on a reading of the judgment we find that that also deals with section 80HH of the Act and does not lay down any principle difference from Sterling Foods [1999] 237 ITR 579 (SC). In fact, in Pandian Chemicals [2003] 262 ITR 278 (SC) reliance ha been placed on Cambay Electric Supply industrial Co. Ltd. [1978] 113 ITR 84 (SC) and the decision seems to suggest, as we have held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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