TMI Blog2019 (7) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stances of the case the Tribunal can merely rely on 295 ITR 228 for each and every issue when the issue 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 ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, substantial question of law No.1 has decided in favour of the assessee. 5. So far as substantial questions of law Nos.2 to 6 are concerned 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 answer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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