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TMI Blog2004 (9) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... table to the business income?" - the question of law framed that without there being any finding as to whether the assessee-company is dealing in shares, the order passed by the Tribunal cannot be sustained, has to be rejected, as there is a clear finding as well as the admission of the assessee as well as the Revenue themselves before all the authorities that the assessee-company is dealing with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness income also without recording a finding that the assessee is also a dealer in shares and a portion of the interest and expenditure are attributable to the business income?" The case of the Revenue is that the Appellate Tribunal without giving a finding as to whether the assessee is also a dealer in shares directed to make proportion in respect of the dividend received by them. Hence, withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and not against the net dividend income derived by the appellant." So, it is clinching that the case of the Department as well as the assessee is that the assessee is a dealer in shares. When the facts of the case itself are projected as stated, we are unable to accept that there is no finding to that effect. The finding has been given only in respect of a fact, which is disputed. In this case t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not on the gross amount of dividend. Hence, on both the above grounds, the question of law framed that without there being any finding as to whether the assessee-company is dealing in shares, the order passed by the Tribunal cannot be sustained, has to be rejected, as there is a clear finding as well as the admission of the assessee as well as the Revenue themselves before all the authorities th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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