2011 (3) TMI 1623 - HC - Income Tax

Court dismisses appeal on deduction under Income Tax Act for interest income & 'Sauda' settlement

COMMISSIONER OF INCOME TAX Versus PRAKASH OILS LTD.

The Court dismissed the appeal regarding the disallowance of deduction under section 80-IA of the Income Tax Act, 1961 for interest income and income from ... - Issues involved: Appeal against disallowance of deduction under s. 80-IA of the Income Tax Act, 1961 for interest income and income from 'Sauda' settlement for assessment year 2000-01.Deduction under s. 80-IA for interest income:The respondent assessee claimed deduction for interest income received from M/s Prakash Soya Ltd. and income from 'Sauda' settlement. The AO disallowed the deduction, stating that the income was not from industrial undertaking or manufacturing activities. The CIT(A) allowed the claim, considering the interest income as business income due to delayed payments. The Tribunal affirmed this decision, stating that the interest received was a trading item and derived by the industrial undertaking. The Court found no legal issue in this regard and dismissed the appeal.Deduction under s. 80-IA for income from 'Sauda' settlement:The CIT(A) held that the income from 'Sauda' settlement was directly derived from the industrial undertaking, making it eligible for deduction under s. 80-IA. The Tribunal agreed, stating that the income was derived from the business activities of the assessee. The Court found no substantial question of law in this matter and upheld the decisions of the lower authorities, leading to the dismissal of the appeal.