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2002 (11) TMI 11 - HC - Income TaxRental income derived from the leasing out of the property - "Whether Tribunal was right in holding that the rental income derived from the leasing out of the property should be assessed under the head 'Profits and gains of business or profession' only and not under the head 'Income from house property?" - it is not necessary to express our opinion as it is the case of the assessee that the company has the necessary objects clause and the property was a commercial asset but it is for the assessee to establish the same. Since the Tribunal has not gone into the factual questions, we remit the matter to the Tribunal with a direction to reconsider the question afresh in accordance with law.
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