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2013 (3) TMI 94

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..... but he failed to do so appeal dismissed. Interest received on the FDR - income relating to business of civil construction or interest income - Held that:- The interest received on the FDR is treated as part of income relating to business of civil construction or interest income will not make any difference to the tax liability of the assessee, therefore, the ground raised by the revenue be com .....

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..... upheld whereas in the Income Tax Act the Hon'ble ITAT has no such powers to recall an order? (2) Whether ITAT has erred in law and on fact by upholding the order of CIT (A) by treating interest income earned from FDR as part of income relating to contract business of the assesse ignoring the fact that there was no nexus between the contract receipt of the year and interest income earned from FD .....

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..... ra-3 is reproduced below: "This finally assessed income includes the interest of Rs.10,05,132/-.Taxation of this amount under business head or residuary head will not make any difference to the tax liability of the assessee. Therefore, the ground raised by the revenue be comes only of academic importance. As this ground does not make any addition to the tax liability, there is no need for us to .....

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