M/S. BHOLASONS ENTERPRISES,NEW DELHI vs. ACIT, NEW DELHI
What did the Tribunal hold?
The Tribunal noted that a similar issue for a preceding assessment year was remitted back to the AO for fresh consideration. Following this precedent, the Tribunal set aside the impugned order and sent the matter back to the AO for a fresh decision.
What were the facts?
The assessee claimed deduction under Section 10B for interest income, which was assessed as 'Income from other sources' by the AO. The CIT(A) upheld this assessment. The assessee appealed this decision.
What were the issues?
Whether interest income, claimed by the assessee as business income eligible for deduction under Section 10B, should be treated as 'Income from other sources'.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : SMC-I : NEW DELHI
Before: SHRI R.S. SYAL
Date of Hearing : 21.07.2016 Date of Pronouncement : 21.07.2016 ORDER This appeal filed by the assessee is directed against the order passed by the CIT(A) on 20.01.2015 in relation to the assessment year 2008-09.
The only issue raised in this appeal is against not allowing deduction u/s 10B in respect of interest of Rs.30,02,961/- assessed as ‘Income from other sources’ against the claim of the assessee being, the same from business.
I have heard the rival submissions and perused the material on record. It is observed that similar issue came up for consideration before the Tribunal in the assessee’s own case for the immediately preceding assessment year, namely, 2007-08. Vide order dated 29.10.2010 in the Tribunal for the A.Y. 2007-08 ( sic 2006-07) has remitted the matter to the file of AO for fresh decision in the light of certain directions given in para 7 of its order. Since the facts and circumstances of the instant case are mutatis mutandis similar to those of the immediately preceding assessment year, respectfully following the precedent, I set aside the impugned order and send the matter back to the file of the AO for a fresh decision in conformity with the directions given by the Tribunal in its earlier order.
In the result, the appeal is allowed for statistical purposes.
The order pronounced in the open court on 21.07.2016.
More judgments on Section 10B
- Brainbees Solutions Limited, Pune… vs Assistant Commissioner of Income Tax…ITTPA 1431/PUN/2026[2022-2023]Status: Disposed29 Sept 2026AY 2022-2023
- ACIT 15(1)(2), Mumbai vs Galaxy Surfactants Limited, MumbaiITA 6984/MUM/2025[2011-2012]Status: Disposed15 Sept 2026AY 2011-2012
- Ivl Dhunseri Petrochem Industries Pvt… vs D.C.I.T., Circle - 11(1), KolkataITTPA 4/KOL/2026[2022-2023]Status: Heard11 Sept 2026AY 2022-2023
- T vs Motor Co. Ltd., Chennaivs.DCIT, Corp…ITTPA 52/CHNY/2026[2022-23]Status: Disposed9 Sept 2026AY 2022-23
- Vrajlal Chanabhai Kachhadiya, Jamnagar vs ITO, Ward-2(6), JamnagarITA 847/RJT/2025[2010-11]Status: Disposed7 Sept 2026AY 2010-11
Recent GST High Court judgments
Search GST case law →- Vandemataram Projects Private Limited vs. Raipur Development AuthorityChhattisgarh · 27 Oct 2026
- M/S Surya Prakash Aroma vs. State Of Uttar Pradesh And 2 OthersAllahabad · 27 Oct 2026
- Mrs. Aqsa Begum vs. Union Of INDIATelangana · 27 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026
- M/S. V J Petro Products vs. The Deputy Assistant Commissioner (St) - IiiAndhra Pradesh · 27 Oct 2026