22 July 2008
M/S 'X' BEING A PARTNERSHIP FIRM HAD RECEIVED RS.10 LACS INTEREST ON INCOME TAX REFUND. THE INCOME TAX REFUND WAS DUE TO EXTRA TAX PAID DUE TO INCOME TAX OFFICERS ORDER BUT FIRM WENT FOR APPEAL AND SAME WAS ALLOWED, SO INCOME TAX REFUND WAS RECEIVED WITH INTEREST ON IT. DURING FINANCIAL YEAR 2007-08 THERE WAS NO OTHER INCOME THAN THIS INT ON INCOME TAX REFUND.
NOW THE QUESTION IS , WHETHER THE SAID INCOME IS CONSIDERED AAS BUSINESS INCOME AND SAME CAN BE SET OFF AGAINST EARLIER BUSINESS LOSS. OR IT WILL BE CONSIDERED AS OTHER INCOME AND FIRM WILL HAVE TO PAY TAX ON IT ?