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2014 (7) TMI 52 - HC - Income TaxEx-parte decision of the tribunal in favor of assessee in the absence of assessee - Applicability of Section 56(2)(v) of the Act – Income from other sources - Casual and nonrecurring receipt - Revenue proceeded on the footing that the receipt in this case was taxable as income from other sources under Section 56(1) of the Income Tax Act, 1961. - Held that:- In the absence of any material to indicate that the ground was indeed pressed before the Tribunal – the assessee was not before the Tribunal when the Appeal was decided by the Tribunal - the receipt was casual and nonrecurring was pressed and not considered by the Tribunal, will be unfair to the Assessee – the Court entertains an appeal against an order of the Tribunal on a question termed as a substantial question of law by the Revenue in the absence of any argument or discussion - This course would not be permissible in the given facts and circumstances – thus, no substantial question of law arises for consideration – Decided against Revenue.
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