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2009 (6) TMI 652 - HC - Income TaxAppeal - Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in treating the lease rent received from school building along with playground etc., as business income - since, their Lordships have held this question to be a mixed question of law and fact and hence, this court while hearing the appeal cannot decide the question for the first time. The Tribunal being the last court of appeal on facts has to undertake this task on facts involved in the case - It is for this reason, the remand is called for to the Tribunal - The impugned order is set aside and the case is remanded to the Tribunal for fresh decision in the light of he law laid down by the Supreme Court in the case of Universal Plast Ltd. v. CIT (1999 -TMI - 5737 - SUPREME Court)
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