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Issues:
Determining whether income from a house property should be assessed under the head 'income from business'. Detailed Analysis: Issue 1: Assessment of Income from House Property The appeal involved the assessment of income from a house property located in Calcutta under the head 'income from business'. The property was originally owned by an individual who later entered into a partnership with the assessee company for the purpose of constructing and selling real estate. The partnership was dissolved, and the business was taken over by the assessee. The income from the property had been assessed under the head 'income from house property' in previous years, and the same treatment was continued in the current assessment year. Issue 2: Legal Arguments The counsel for the assessee contended that the property should be considered as stock-in-trade held for business activities, not merely for earning rent. Reference was made to relevant judgments of the Supreme Court and the Memorandum of Association of the company, which included leasing property as one of its contemplated businesses. On the other hand, the Departmental Representative argued that there was insufficient evidence to prove that the assessee was engaged in real estate business as an organized activity. Issue 3: Principle of Res Judicata The principle of res judicata in tax matters was discussed, emphasizing that decisions of tax authorities are not bound by previous assessments. The Tribunal highlighted that simply because income was assessed under a particular head in previous years does not conclusively determine the classification for the current assessment year. It was emphasized that the investigation of truth is essential, and the tax authorities should consider all relevant circumstances before making a final determination. Conclusion: The Tribunal set aside the orders of the tax authorities and referred the case back to the assessing officer for a fresh assessment. It was directed that a proper investigation of the facts should be conducted, and the assessee should be given an opportunity to present their case. The appeal was allowed for statistical purposes, emphasizing the need for a just and proper decision based on a thorough examination of the facts and applicable law.
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