IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: February 9, 2010 ITA No. 11 of 2010 (A.Y. 2005-06) Commissioner of Income Tax-I, Ludhiana …Appellant Versus M/s Eastman Industries, Ludhiana …Respondent ITA No. 12 of 2010 (A.Y. 2000-01) Commissioner of Income Tax-I, Ludhiana …Appellant Versus M/s Eastman Industries, Ludhiana …Respondent ITA No. 13 of 2010 (A.Y. 2002-03) Commissioner of Income Tax-I, Ludhiana …Appellant Versus M/s Eastman Industries, Ludhiana …Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vivek Sethi, Advocate, for Mr. Rajesh Sethi, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. By this order we propose to dispose of ITA Nos. 11, 12 and 13 of 2010, filed by the revenue under Section 260-A of the Income-tax Act, 1961 (for brevity, ‘the Act’) against the common order dated 27.2.2009, passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for brevity, ‘the Tribunal’), in ITA Nos. 825, 826 & 832/Chd/2008, in respect of the Assessment Years 2000-01, 2005-06 & 2002-03. In ITA Nos. 11 and 12 of ITA Nos. 11, 12 & 13 of 2010 2010, the following question of law has been sought to be raised for determination of this Court:- “Whether on the facts and in law, the Income Tax Appellate Tribunal was justified in treating the ‘interest income’ earned from money lending as ‘business income’ whereas the same was assessed under the head ‘income from other sources’? However, in ITA No. 13 of 2010 besides the above, the following additional question of law has also been raised:- “Whether on the facts and in law, the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 33,87,910/- and Rs. 1,24,132/- made by the Assessing Officer by disallowing the claim of bad debts written off which were declared on accrual basis in earlier assessment years and deduction under Section 80HHC was claimed on the same in the respective years, keeping in view the provisions of Section 14A of the Income Tax Act, 1961? The matter is no longer res integra. The revenue-appellant has also filed ITA No. 2 of 2010 against the order of the Tribunal dated 27.2.2009, passed in ITA No. 498/Chandi/2008, in respect of the Assessment Year 2004- 05, in the case of same assessee-respondent raising the aforementioned questions of law. The said appeal came up for our consideration on 8.2.2010 and we repelled the contention raised by the revenue-appellant. The facts and the questions of law sought to be raised in present appeals are the same as that of ITA No. 2 of 2010. Accordingly, for the sake of consistency we adopt the same reasoning and dispose of the present appeals in terms of our order dated 8.2.2010 passed in ITA No. 2 of 2010. A photocopy of this order be placed on the files of all the appeals. (M.M. KUMAR) JUDGE (JITENDRA CHAUHAN) February 9, 2010 JUDGE Pkapoor 2