TMI Blog1997 (9) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Act, 1961, at the instance of the Revenue and the following question of law has been referred by the Tribunal for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order passed by the Commissioner under section 263 of the Income-tax Act, dated March 23, 1989?" The assessee is engaged in m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so prejudicial to the interests of the Revenue. The Commissioner, therefore, in exercise of his powers conferred under section 263 of the Act, set aside the assessment order and remanded the case back to the Assessing Officer to make an enquiry into the matter and decide the same. The assessee went up in appeal and the Tribunal set aside the order of the Commissioner of Income-tax passed under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e head "Income from house property" or otherwise. It appears that the same was not inquired into and no proper efforts were made to find out whether the income derived from letting out of godowns and buildings was assessable under the head "Business income" of the assessee or not. Therefore, in our opinion, the view taken by the Commissioner of Income-tax is not erroneous and it should not have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s invited our attention to the decision of this court dated February 15, 1996, passed in M. C. C. No. 29 of 1990 (CIT v. Gulabrai and Sons). Since the matter is being remanded back to the Assessing Officer to make enquiry, therefore, we need not express any opinion. For the reasons stated above, the view taken by the Tribunal does not appear to be correct. Hence, we answer the aforesaid question i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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