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TMI Blog2010 (3) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... come treating the rental/licensing income as assessable under the head of profit and gains of business was accepted by the Revenue - assessment years 1993-94 and 2001-02 the assessments were completed under section 143(3) whereby the Assessing Officer had accepted the submission that the licence fees received by the assessee were business income - Held that: - Matter remanded back to the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng two questions of law : "(a) Whether on the facts and in the circumstances of the case, the Tribunal erred in law in holding that income arising from licensing of the business premises was `Income from other sources' and not `Profits and gains of business or profession' ? (b) Whether on the facts and in the circumstances of the case, the Tribunal erred in holding that the expenses incurred b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e licence fees received by the assessee were business income. The court is informed that this was brought to the notice of the Tribunal. The assessee submits that no distinguishing features were brought before the Tribunal by the Revenue to justify a different treatment for the assessment year in question. In these circumstances, we are of the view that the Tribunal may be requested to reconsider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Appeal No. 584 of 2009, decided on June 12, 2009) where this court affirmed the decision of the Tribunal for similar reasons. 4. For the reasons aforesaid, while we affirm the view of the Tribunal on the second question, we are remanding the proceedings back to the Tribunal for reconsideration of the first question noted above, in the light of the observations made by us. The appeal is dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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