IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI


                    ITA 161/2001


          COMMISSIONER OF INCOME TAX DEL      ..... Appellant
                                   Through  Mr.Sanjeev Khanna
                                            with Mr.Ajay Jha

                              versus

          JINDAL PHOTO FILMS LTD.             ..... Respondent
                                   Through  Mr.V.P.Gupta


          CORAM:
          HON'BLE MR. JUSTICE D.K. JAIN
          HON'BLE MS. JUSTICE SHARDA AGGARWAL


                              O R D E R
                             -----------
                            24.09.2002

                 Admit.
                 The   following   question    is   framed    for
          adjudication.
                 "Whether the ITAT is right in holding
                 that   interest   of   Rs.24,60,952/-
                 earned  by  the assessee on  FDRs  in
                 banks   is   income    derived   from
                 industrial  undertaking and should be
                 included  in  the   computation   for
                 deduction  u/s  80HH and 80I  of  the
                 Income Tax Act, 1961.

                 The appellant shall file within three months ten
          copies  of the cyclostyled paper books, containing  all
          documents  on  which  reliance was  placed  before  the
          Tribunal,  including  any order/orders, either  in  the
          case  of  the assessee itself or in case of  any  other
          assessee, which has been followed by the Tribunal.


                 The  appeal be listed for hearing in the regular
          course.



                                         D.K. JAIN, J



                                         SHARDA AGGARWAL, J
          SEPTEMBER 24, 2002
          ps