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2008 (1) TMI 571 - KARNATAKA HIGH COURTAssessment- Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the rental income received by the appellant-firm was liable to be taxed in its hands without invoking the provisions of section 26 of the Act especially when the shares of each of the partners are determinate and the Tribunal had in its earlier order in the appeal against an intimation under section 143(1)(a) had held that the status was association of persons and the provisions of the section 26 were to be applied? Held that- the Assessing officer had not considered the documents produced by the assessee whether the assessee was a firm and the partners had definite and ascertainable shares in the property. Since this had not been considered by both the authorities, the matter was to be remanded to the Assessing Officer for fresh consideration.
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