1997 (9) TMI 71

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..... Income-tax Act, 1961, at the instance of the Revenue seeks a mandamus to the Tribunal for drawing up a statement of case and referring the following question for the opinion of the High Court : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in directing the Assessing Officer to allow deduction under section 80-I in respect of income fr .....

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..... on 80-I of Income-tax Act, 1961, cannot be found fault with. However, the assessee has also derived income from rent, interest, scrap, difference in exchange rate, etc. Such income from other sources has also been allowed the benefit of section 80-I by the Tribunal. In our opinion, the question of law does arise to the extent of receipts under these heads-whether they could be treated as "profit .....

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..... e from other sources' ?" While drawing up the statement of the case, the Tribunal shall clearly state the heads and the amounts covered under "income from other sources", which are referred to at pp. 33-35 of the paper book-I before the Tribunal and included in the expression "also other income" as used in the question suggested by the Revenue. The petition stands disposed of accordingly. No .....

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