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2002 (11) TMI 49 - MADRAS HIGH COURTOrder under section 263, made by the Commissioner of Income-tax – tribunal cancelled that order - Tribunal has not decided the question whether the income from the building should be assessed as income from house property or income from the business though it observed that the question should be examined from the businessman's point of view and it would depend upon the facts of each case whether the letting was done as businessman or the building was merely exploited as the owner of the house property. The Appellate Tribunal has not given finding on the merits of the case, but cancelled the order of the Commissioner on the ground that the Commissioner has no jurisdiction to revise the order passed under section 143(1)(a) of the Act. We are of the view that the order of the Income-tax Appellate Tribunal holding that the Commissioner has no jurisdiction to revise an order under section 143(1)(a) of the Act is not correct and is not legally sustainable. – In the result, the matter is remitted to the Income-tax Appellate Tribunal
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