IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.261 OF 2004 INCOME TAX APPEAL NO.261 OF 2004 INCOME TAX APPEAL NO.261 OF 2004 The Commissioner of Income-tax ..Appellant. V/s. M/s.Honey Diamonds ..Respondent. Mr.Ashok Kotangale with Mr.Prashan Uchil for appellant. CORAM : V.C. DAGA AND CORAM : V.C. DAGA AND CORAM : V.C. DAGA AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 12TH JUNE, 2006. DATED : 12TH JUNE, 2006. DATED : 12TH JUNE, 2006. P.C. :- P.C. :- P.C. :- . Heard. Admit on the following substantial question of law:- " Whether on the facts and in the circumstances of the case and in law, the Tribunal is correct in law in allowing the appeal of the assesee and setting aside the order of the assessing officer as to treating the interest earned on Fixed deposits as income from other sources ? " (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)