2005 (12) TMI 228

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....ee for the asst. yr. 1998-99. 3. The decision of the Tribunal in ITA No. 51/Hyd/2002, dt. 31st May, 2002 for the asst. yr. 1998-99 on the basis of which the learned CIT(A) has given direction, was not accepted by the Department and a RA was filed before the High Coun." 2. We have heard rival submissions. On a careful consideration of the facts and circumstances of the case, we are of the considered opinion that the issue is covered in favour of the assessee and against the Revenue by the decision of Special Bench of the Tribunal in the case of Lalsons Enterprises vs. Dy. CIT (2004) 82 TTJ (Del)(SB) 1048 : (2004) 89 ITD 25 (Del)(SB). 3. The learned Departmental Representative, while agreeing that the order of the CIT(A) is in line w....

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....matter of appeal before it. He relied on many other case laws in support of this proposition. His case is that the ground now being raised by the Revenue does not arise out of the order of the first appellate authority and it cannot be admitted by the Tribunal whose jurisdiction, as submitted earlier, is confined to passing of orders only on facts found by the lower authorities. He relied on the order of the Special Bench of the Tribunal in the case of Lalsons Enterprises and submitted that the receipts that are to be excluded from the business profits are those which are included in such profits. He further submitted that in the assessee's own case for the preceding two years, the Tribunal upheld the assessee's contention. He vehemently co....

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....s only net of income minus expenditure. When the net figure goes into profit, we do not understand how the gross figure can be taken out. To give an example: ------------------------------------------------ Purchases            50   Sales              100 Interest Paid       500   Interest receipts  500 Profit of business   50 Total               600                      6....