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2002 (2) TMI 16 - HC - Income Tax"1. Whether, Tribunal was right in law in holding that the rental income derived by the assessee should be treated as 'income from property' and not 'income from business'? – Held that, under section 260A, our jurisdiction is now restricted to consider only substantial questions of law in order to entertain an appeal. On that count also, the assessee must fail. - 2. Whether, Tribunal was right in ignoring the order passed in the wealth-tax appeal, relating to the assessment year 1989-90, wherein it was held that the factory in question was a commercial asset?" - Held that even a commercial property which is exploited otherwise than in the course of business by letting out, the income from such letting out could not be said to be a business income. There fore, even if it is held that such a question could be argued, the question has to be answered against the assessee. In short, we find no reason to interfere with the orders.
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