IN THE HIGH COURT OF DELHI AT NEW DELHI 
 . 
         ITA 542/2005  
 . 
 M/S GKN DRIVELINE INDIA LTD, N      ..... Appellant 
 Through       Mr. V.P. Gupta and Mr. Basant Kumar, 
 Advs. 
 . 
 versus 
 . 
 . 
 COMMISSIONER OF INCOME TAX, DE      ..... Respondent 
 Through       Mr. R.D. Jolly and Mr.Vishnu Sharma, 
 Advs. 
 . 
 CORAM: 
 HON'BLE MR. JUSTICE T.S. THAKUR 
 HON'BLE MR. JUSTICE B.N.CHATURVEDI 
 . 
 O R D E R 
                             14.12.2005 
 ADMIT. 
 The following substantial questions of law are formulated for 
 determination: 
 ?1.       Whether the ITAT was right in holding that payment of Rs.70 Lakhs made 
 by the appellant on account of non-competition for a period of five years was in 
 the nature of capital expenditure? 
 . 
 2.        Whether the ITAT was right in holding that the interest income earned 
 by the appellant on deposits in banks towards margin money is not income derived 
 from industrial undertaking?? 
 The appellant shall file within six months the requisite number of 
 paper books in accordance with High Court Rules. 
 Post the appeal for hearing in due course. 
 . 
 T.S. THAKUR, J 
 . 
 . 
 . 
 . 
 . 
 . 
 B.N.CHATURVEDI, J 
 DECEMBER 14, 2005 
 ss 
 . 
 .