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2019 (6) TMI 1100 - HC - Income TaxAssessment of trust - assessee had shown receipt received pursuant to the settlement and for withdrawing the suit filed by the assessee against the original defendant in respect of an immovable property - revenue or capital receipt - Tribunal justification in not deciding the appellant's claim of certain receipts being capital receipts despite reproducing appellant's entire submission in the Tribunal order - HELD THAT:- From the reproduced portion of the Tribunal's judgment, it can be gathered that in view of the fact that the Tribunal had decided the question of accumulation of the Trust's fund in favour of the assessee, the Tribunal refrained from deciding the assessee's contention that the receipt was not taxable at all. In view of the fact that the Tribunal has rested its judgment only on the assessee's alternative contention and as pointed out by the learned counsel for the assessee that it may happen that this ground may fail on account of future developments, it is necessary that the assessee must get an answer to its primary contention of the receipt not being taxable at all. Under these circumstances, we request the Tribunal to decide this issue on merits. For this limited purpose, we place the proceedings back before the Tribunal for deciding this question in accordance with law. We have not expressed any opinion. All contentions of both the parties on ground ground are kept open. The appeal is disposed of.
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