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2015 (6) TMI 252 - AT - Income TaxRevision u/s 263 - CIT was of the view that Assessing Officer admitted the income declared by the assessee under the head ‘business’ without examining the nature of the lease agreement and thus the nature of the lease charges earned remained to be examined - Held that:- We do not find any support for the stand of the Commissioner that the income from the impugned lease rentals was liable to be assessed as income from house property. Be that as it may, it is quite clear that a possible view on the issue has been taken by the Assessing Officer in the assessment order dated 11.10.2010 (supra) and therefore even on this count there does not appear to be sufficient ground for the Commissioner to assume jurisdiction u/s 263 of the Act merely because he held a different view. In this context, we may refer to the judgement of the Hon’ble Delhi High Court in the case o1f8 CIT vs. DLF Power Ltd., (2009 (10) TMI 63 - DELHI HIGH COURT) and CIT vs. Mepco Industries Ltd., (2006 (11) TMI 164 - MADRAS High Court). - Decided in favour of assessee.
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