2013 (12) TMI 838

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..... 202 - SUPREME Court), question no. (A) is answered against the revenue.
M. R. Shah And R. P. Dholaria,JJ. For the Appellant : Ms. Paurami B. Sheth, Advocate For the Respondent : Mrs. Swati Soparkar, Advocate Date : 03/12/2013 JUDGMENT (Per : Honourable Mr. Justice M. R. Shah) 1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate T .....

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..... rami Sheth, learned Counsel appearing on behalf of the appellant-revenue and Shri S.N. Soparkar, learned Counsel appearing on behalf of the opponent-assessee, it appears that the substantial question of law no. (A), "whether the appellate tribunal is right in law and on facts in confirming the order passed by the CIT(A) holding that excise duty and sales-tax receipts are not to be considered in th .....

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..... be included for the purpose of working of deduction under Section 80 IA ignoring that interest receipts are incidental to the deposit of surplus fund of the assessee to be taxed under Section 56 of the Income Tax Act?" 4.1. It appears that while disposing of the appeal, ITAT has relied upon the decision of Special Bench of the ITAT, Delhi in the case of Lalsons Enterprises Vs. DCIT reported in [2 .....

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