TMI Blog2009 (10) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... ost of depreciation due to fluctuation in foreign exchange rate was admissible for deduction under Section 3 - , the question as to whether interest and miscellaneous income is taxable under the head "Income from Other Sources" under Section 56 of the Income Tax Act, 1961 is not required to be examined in this case as the Department failed to make submissions on this point before the Tribunal – Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision under Section 260A of the Income Tax Act, 1961. The said questions are as follows: "(i) Whether the Tribunal was right in law in holding that unutilized MODVAT credit of earlier years adjusted in the assessment year in question should be treated as actual payment of excise duty under Section 43B of the Income Tax Act, 1961. (ii) Whether the Tribunal was right in law in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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