IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.271 OF 2005 The Commissioner of Income Tax. ..Appellant. Vs. M/s. P. Leiner & Sons (I) Pvt. Ltd. ..Respondent. Mr. P.S. Sahadevan for the Appellant. Dr.K. Shivram with Mr.A.R. Singh for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 24th March,2008. PC : 1. In so far as Question A as framed in Para 4 of the Appeal memo, the same is covered by the judgment of the Supreme Court in the case of Commissioner of Income Tax Vs. Laxmi Machinery Works in favour of the assessee. Consequently, the question of law as framed would not arise. 2. In so far as Question B is concerned, the same is covered by the judgment of the Supreme Court in the case of Jt. Commissioner of Income Tax Vs. Mandideep Engg. and Pkg. Ind. Pvt. ltd. (2007) 292 ITR 1(SC). 3. In so far as interest amount is concerned, the learned Tribunal has restored the matter back to the file of Assessing Officer with directions to decide the issue afresh after examining the nexus of interest payment with interest receipts, in the light of the Tribunal order in the case of Lal Sons Enterprises (supra). Considering the above fact, the first part of the question of law as framed would not arise. So far as the later part of the question is concerned, the Tribunal has held is to be the business income. Considering the finding of fact, the later part of the question would not arise and consequently the appeal dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)