TMI Blog2007 (8) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... ppropriate to take a different view on a technical reason - accordingly, without specifically opining on the issue on merits, the reference is decided against revenue - 70 of 1990 - - - Dated:- 17-8-2007 - M.M. KUMAR and RAJESH BINDAL JJ. Yogesh Putney for the Commissioner. Akshay Bhan, for the assessee. JUDGMENT The judgment of the court was delivered by RAJESH BINDAL, J. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed under Section 143(3) of the Act, the assessment was completed at nil income. Vide agreement dated 31.8.1977, the assessee-company leased out its land, building and plant and machinery to M/s Bakemans Home Products, a partnership firm and while framing assessment, the lease income of the assessee-company was wrongly assessed as business income. Accordingly, the investment allowance of Rs. 7, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Patiala to frame a fresh assessment according to law after affording proper opportunity of hearing to the assessee. Being aggrieved, the assessee filed the appeal before the Tribunal who vide order dated 11.7.1988 accepted the appeal and set aside the order of the Commissioner of Income-tax holding it to be without jurisdiction. 3. A perusal of order of the Tribunal shows that there is finding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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