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2013 (10) TMI 1169 - HC - Income TaxLeasing of commercial complex - Business income or House property income - Reassessment u/s 147 - Whether status of assessee (i.e. Firm or AOP) would be relevant to determine head of income – for the earlier AY ITAT had decided that the income should be taxable as income from House Property - For the current AY ITAT had remanded back the matter - Held that:- when the question does not really arise for our consideration from the order of the Tribunal, it is not necessary to go into for examination of this question as for academic purpose. In so far as reopening is concerned, the matter having been remanded and being kept open, that again is not a matter which is required to be examined by this court in this appeal to decide on the substantial question of law. The Tribunal itself has reserved liberty on this aspect to the Assessing Officer. Res- judicata to apply in cases regarding taxation matters – Held that:- Res judicata is not strictly applied in tax matters as in civil matters and particularly under the Civil Procedure Code, 1908, as each assessment year is different and it is for the assessee to assert its position and make it good and it is always open to the assessing authority to examine such matters.
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