2014 (12) TMI 257

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....he Appellant : S. C. ORDER The appeal under Section 260A of the Income Tax Act, 19611 by the Revenue arises from a decision of the Income Tax Appellate Tribunal2 dated 13 June 2014. The assessment year to which the appeal relates is AY 2009-10. The following questions of law have been raised: (1) Whether the ITAT erred in law in interpreting the provisions of amended Section 2(15) r/w ....

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....tion 12AA of the Act. However, it was held that during the year, relevant to the assessment year in question, the assessee had derived income from the business of manufacturing and sale of artificial limbs. In the view of the Assessing Officer the manufacture and sale of artificial limbs was the main business of the assessee and was not incidental to its object and hence, the income which was deri....

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....09 also, similar direction was given by CIT(A) to the Assessing Officer and the Tribunal held that no interference is called for in such order of CIT(A). Accordingly, in the present year also, we hold that no interference is called for in the order of CIT(A)." The basic issue as to whether the activity of the assessee falls within the description of Section 2(15) of the Act, has not been consid....