- (1.) This appeal has been filed by the revenue, against the order of the Tribunal, dated 25-11-2003, affirming the order of the Commissioner (Appeals), who had allowed the appeal of the assessee, and deleted the adjustment made by the assessing officer, while sending intimation under Section 143(1)(a).
(2.) The appeal was admitted on 20-3-2006, by framing following substantial question of law: Whether on the facts and in the circumstances of the case and in law the learned Tribunal was justified in upholding the order the learned Commissioner (Appeals), deleting the adjustments made by the assessing officer in respect of deductions under Sections 80HHD and 80I of the Income Tax Act, by holding that the issue as to whether the interest income earned by the assessee was a 'business income' or 'income from other sources', was a debatable issue
(3.) The matter was heard on 14-8-2008, then on 18-8-2008, and looking to the nature of controversy involved, we thought it proper to peruse the original 'Income Tax return, filed by the assessee, for the relevant assessment year 1994-95. For that purpose, the case was adjourned and ultimately it comes up today.;