TMI Blog2008 (2) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... he land and superstructure has been legally recognised under section 22 of the Act - held that – in similar situation the case was remanded back in earlier proceeds – this case also remanded back. - 2829 of 2005 - - - Dated:- 29-2-2008 - DEEPAK VERMA and ANAND BYRAREDDY JJ. Y. V. Raviraj for S. Parthasarathi for the appellant. M. V. Seshachala for the respondent. JUDGMENT The jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 147 of the Act when no fresh facts or materials were available to the assessing authority after the completion of the assessment by issuing intimation under section 143(1)(a) of the Act ? (b) Whether, on the facts and in the circumstances of the case, the appellant can be said to be the owner of the property in its entirety to justify the assessment of the rental income from the property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ental income was liable to be assessed in the hands of the appellant, whether three-fourths of the rental income belonging to the other co-owners was liable to be deducted while computing the property income in the hands of the appellant under section 24 of the Act ?" 4. However, learned counsel for the appellant fairly conceded that in view of the facts and features of the case, only question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of CIT v. Podar Cement P. Ltd. [1997] 226 ITR 625. 6. It is pertinent to mention here that for the assessment year 1996-97 similar questions had cropped up before the Tribunal and that was decided against the assessee, vide order dated March 21, 2003, in I. T. A. No. 595/Bang/2000. Against the said earlier order passed by the Tribunal between the same parties, the assessee was const ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
