Sangu Knit Lands v. Assistant Commissioner of Income Tax
2011-08-02
CHITRA VENKATARAMAN, M.JAICHANDREN
body2011
DigiLaw.ai
JUDGMENT :- CHITRA VENKATARAMAN, J. The assessee has preferred the tax case appeals in respect of the two assessment years 1996-1997 and 1997-1998, raising the following questions of law: "1. Whether the Appellate Tribunal was right in law in holding that the interest received should not be set off against the interest paid, and claimed as deduction in computing business profits? 2. Whether the Appellate Tribunal was right in law in holding that the assessee is not entitled to set off even though the receipt is assessable under the head 'profits and gains of business'? 3. Whether the Appellate Tribunal was right in law in holding that the issue is covered by the judgment of Madras High Court, reported in 260 ITR 304 where the Madras High Court has considered the issue in respect of the receipts assessed under the head 'other sources'?" 2. The learned counsel appearing for the assessee had fairly pointed out that the issues are covered against the assessee, by reason of a decision of this Court, reported in Commissioner of Income Tax Vs. Chinnapandi [(2006) 282 ITR 389 (Mad)], followed again in the decision reported in Commissioner of Income Tax Vs. Devraj Nensee and Co. [(2010) 322 ITR 430 (Mad)]. 3. Having regard to the issues involved in these appeals are covered by the above said decisions of this Court, which is applicable herein, the Tax Case Appeals stand dismissed. No costs.