2016 (10) TMI 94

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..... Mangalore Fort Trust loans, Interest on TDRs and interest on dues from Oil Coordination Committee is liable to tax under the head “Income from Business” and not under head “Income from other sources” as held by the Assessing Officer - Held that:- Normally, we do not entertain an appeal from an order of the Tribunal which merely follows its own earlier order on an identical fact situation particul .....

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..... l for the impugned order is being filed and persisted with. In the aforesaid circumstances, we see no reason to entertain this appeal.
M. S. Sanklecha And S. C. Gupte, JJ. Mr. Ashok Kotangle with Ms. Padma Divakar, for the Appellant Mr. J. D. Mistri, Sr. Advocate with Rajesh Poojari i/b. Mulla & Mulla, Craigie, Blunt and Caroe, for the Respondent ORDER P. C. This Appeal under Section 260A .....

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..... ismissed the Revenue's appeal in respect of three items of interest all of which form a part of a single question raised for our consideration. The three items of interest are as under: (a) Interest of ₹ 415.71 lakhs from New Mangalore Port Trust. This being received on amount advanced for development of infrastructural facility at the Port to facilitate the running of Respondent's .....

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..... s a copy of the order dated 11th December, 2003 of the Tribunal and seeks to assail the same to establish that substantial question of law arise from the order dated 11th March, 2013. 5. Normally, we do not entertain an appeal from an order of the Tribunal which merely follows its own earlier order on an identical fact situation particularly when the earlier order has not been subject to challeng .....

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..... no attempt was made. Therefore, it is evident that the Revenue has accepted the order dated 11th December, 2003 passed in Respondent Assessee's own case in respect of Assessment Year 1999-2000. Nothing is stated in the affidavit nor any submission is made as to why in spite of the Revenue, having accepted the order dated 11th December, 2003 for Assessment Year 1999-2000, the appeal for the im .....

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