2010 (5) TMI 178

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..... eferred – Held that: - Had that been the legal position then there was bound to be a decision on record showing the reasons of non filing of appeal in respect of assessment year 2002-03. If the reason of non filing of appeal was monetary limit, then there was no difficulty in producing on record the decision to that effect. Moreover, there was no necessity of seeking explanation of the Assessing O .....

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..... s Sahota Commercial Complex. The Tribunal has taken the view that no appeal was filed in respect of the assessment year 2002-03 against the order dated 31.3.2006 passed by the CIT(A). The CIT (A) in respect of the assessment year 2002-03 had held vide order dated 31.3.2006 that the lease income of the assessee company respondent was liable to be assessed as 'business income'. Against the aforesaid .....

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..... ent does not merit acceptance in view of the fact that no evidence was produced before the Tribunal in support of the aforesaid contention. Had that been the legal position then there was bound to be a decision on record showing the reasons of non filing of appeal in respect of assessment year 2002-03. If the reason of non filing of appeal was monetary limit, then there was no difficulty in produc .....

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