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The assessee-firm was engaged in the business of marketing cinematographic sensitised material or in other words manufacture of picture positives in its industrial undertakings situated at Pondicherry. Thus, being the manufacturer of articles or things, the assessee was entitled to deduction under section 80-IA of the Act and the eligibility to get such deduction under section 80-IA is not in dispute from the side of the Revenue, but the only question is whether such deduction, based on the "profits and gains of the business", would include or not, the aforesaid interest income received by the assessee from the banks on the margin money deposits or interest received from the customers on the belated payment of invoices. In other words, whether such interest income is taxable as "profits and gains of business" or is liable to be taxed as "interest income from other sources" and thus, not falling within the ambit and scope of section 80-IA of the Act.

Shanti Prime Publication Pvt. Ltd.

Sec. 28, 56 & 80-IA of Income Tax Act, 1961—Income from other sources — The head "Income from other sources" is like a residuary clause and the income which cannot be attributed or related to any specified and defined head of income, then only such income can be brought to tax under section 56 which itself provides both an inclusive and exclusive definition. Interest income earned by the assessee in the ordinary course of business, cannot be said to be excluded from the head "Income from business or profession" in Part D, comprising of sections 28 to 44DB in Chapter IV, which deals with computation of the total income in the heads of income as per section 14. Thus, interest income earned in the ordinary course of business is excluded from section 56. An interest income earned by the assessee or received by the assessee during the year in question, in the ordinary and regular course of business is an integral part of business income itself—AVM CINE PRODUCTS Vs. DEPUTY CIT [2020] 421 ITR 431 (MAD)

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