The AO  allowed deduction under S. 80P(2)(d) of the Act, the net interest against the deduction claimed by the assessee on the gross interest.  Tribunal allowed the claim of the assessee on gross interest. Order of the AO is confirmed by the Tribunal. On appeal the Court held that when the assessee had been once granted the benefit of deduction under section 80P(2)(d) for the earlier years, it should have been granted for the assessment years 1991-92 to 1994-95. The Department’s reference application against the Tribunal’s order, in another case wherein it had held that the assessee was entitled to deduction under section 80P(2)(d) in respect of the whole amount of interest received from investments by it, had been rejected. The Department had accepted such order and had not challenged it further. It was not open to the Department to accept the judgment in the case of one assessee and challenge its correctness without just cause in the cases of other assessees. The order of the Tribunal was set aside. (AY. 1991-92 to 1994-95)