TMI Blog1997 (7) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Act, 1961 (hereinafter referred to as the Act), for issuing a mandamus directing the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as the Tribunal), to refer the following question of law to this court for its opinion: "Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal is right in law in confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was income from house property. The Assessing Officer accordingly did not consider the rental income for the purpose of salary paid to partners under section 40(b) of the Act and disallowed the claim of salary made at Rs. 71,245. He also disallowed depreciation of Rs. 9,851 claimed in respect of let out property. The assessee carried an appeal before the Deputy Commissioner of Income-tax (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile rejecting the appeal, the Tribunal relied upon a judgment of this court in CIT v. Anand Rubber and Plastics (P.) Ltd. [1989] 178 ITR 301. Counsel for the parties have been heard. Counsel appearing for the Revenue argued that in Anand Rubber and Plastics (P.) Ltd.'s case [1989] 178 ITR 301 (P H), what was held by this court was that the question whether the rent received is assessable inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the commercial purpose with a motive to reduce the burden of expenditure and to reduce the loss. It would have been better if the Tribunal had recorded its own positive finding but on the facts we find that the assessee had shifted its premises from the old place to the new place due to commercial expediency and let out the old premises with a motive to reduce the burden of expenditure which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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