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TMI Blog2019 (7) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... Junior Standing Counsel JUDGMENT T.S.SIVAGNANAM, J. This appeal filed by the assessee under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') is directed against the order dated 28.01.2009 passed by the Income Tax Appellate Tribunal Madras 'D' Bench in I.T.A.No.2665(Mds)/2005 for the Assessment Year 2002-03. 2. We have heard Mr.P.J.Rishikesh, learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue pertaining to the same has not been discussed in detail? 4. Whether in facts and circumstances of the case "Royalty income" which treated as business income, can be excluded under clause (baa) of Section 80HHC? 5. Whether in facts and circumstances of the case of the Tribunal was right in upholding the order of the CIT(A) in holding that the interest and profit of sale of assets do not qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. In the result, the appeal is partly allowed and substantial question of law No.1 is answered in favour of the assessee and subst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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