2019 (2) TMI 2020

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..... s filed this appeal against the judgment of the Income Tax Appellate Tribunal raising following question for our consideration:   "Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct in law in holding that order 08.10.2010 passed by the AO is not erroneous and prejudicial to the interest of the revenue and thus exercise of jurisdiction by .....

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..... source". He was therefore of the opinion that the order of assessment was erroneous and prejudicial to the interest of the revenue. He passed an order directing the Assessing Officer to complete the assessment by examining such an issue. 3. The assessee carried the matter in appeal. The Tribunal by the impugned judgment allowed the assesssee's appeal and set aside the order of the Commissione .....

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..... t in law the income of the assessee was taxable as income from other sources. He had merely asked the Assessing Officer to undertake the exercise of hearing and deciding the issue afresh. 4. Having heard learned counsel for the parties and having perused the documents on record, we see no reason to interfere with the view of the Tribunal. The question whether the income should be taxed as busines .....

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