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2000 (8) TMI 71

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.... deal with common questions of fact and law they are jointly disposed of by this judgment. The assessee is a 100 per cent. exporter. The assessee is wholly engaged in export business. The entire business income is from exports. The assessee credited in the profit and loss account for the assessment year 1989-90, interest income while working out the deduction under section 80HHC by considering th....

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....to the facts of the case and, therefore, the Assessing Officer erred in deducting the interest income from the business profits of the assessee. Being aggrieved by the decision of the Tribunal, the Department has come in appeal under section 260A. It was urged on behalf of the Department that the interest income cannot be treated as profit relating to exports. It was contended that for the purpos....

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....me as income from other sources whereas the impugned judgment and the order of the Assessing Officer proceed on the footing that the interest income was business income, but it was not an income from exports [see para. 2 of the impugned judgment of the Tribunal]. Hence, we refuse to go into the larger questions of law canvassed by the learned counsel for the department. Suffice it to say that in t....