2012 (9) TMI 1055

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....lication filed as above revenue has claimed that the Tribunal has failed to consider Ground No.2 raised by the revenue. Therefore, the order dated 22/5/2009 passed by the Tribunal in ITA No.61/Mum/2008 suffers from mistake which is apparent from record and should be rectified. 2. Following two grounds were taken by the revenue for consideration of the Tribunal in the aforementioned appeal: ....

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....- and also holding that the assessee is eligible for deduction u/s. 10A without considering the facts brought out by the Assessing Officer emerging on scrutiny as mentioned in remand report u/s. 250(4)." 4. After noting the facts of the case Tribunal has disposed of the issue in favour of the assessee on the basis of Special Bench decision in the case of ACIT vs. Prakash L. Shah 306 ITR (AT) 80....

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....r the head income from other sources, but the miscellaneous income of Rs. 50,689/- and foreign exchange fluctuation of Rs. 8,09,074/- has been considered by the assessee as income derived from business activity." 6. As it can be seen from the above observation, the AO did not exclude this amount from the eligible amount available for deduction under section 10A of the Act on the ground that the....