2009 (11) TMI 50

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..... come, Misc. receipt and rental income from the profit of business for the purpose of computation of deduction under section 80 HHC of I.T. Act, 1961 – tribunal allowed pre-operative expenses of Rs.6011,744/- held that – matter require reconsideration by tribunal – matter remanded - 470 of 2006 (O&M) - - - Dated:- 12-11-2009 - CORAM:- HON 'BLE MR. JUST ICE A DAR SH KUMAR GOEL HON .....

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..... the circumstances of the case, the ITAT was correct in law in directing not to reduce 10% of the interest income portfolio income, investment income, Misc. receipt and rental income from the profit of business for the purpose of computation of deduction under section 80 HHC of I.T. Act, 1961?" 3. "Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was justified in allowi .....

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..... stion No.3, it is submitted that the said question arose before the Tribunal but has not been adjudicated upon. 5. Learned counsel for the assessee does not dispute the above position. 6. Accordingly, this appeal is allowed. The order of the Tribunal is set aside and the matter is remanded to the Tribunal for fresh decision in accordance with law. (ADARSH KUMAR GOEL) JUDGE (GURDEV .....

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