2009 (6) TMI 652

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..... ts involved in the case - It is for this reason, the remand is called for to the Tribunal - The impugned order is set aside and the case is remanded to the Tribunal for fresh decision in the light of he law laid down by the Supreme Court in the case of Universal Plast Ltd. v. CIT (1999 -TMI - 5737 - SUPREME Court)
A.M. SAPRE AND PRAKASH SHRIVASTAVA, JJ. R.L. Jain and Ms. Veena Mandlik for the Appellant. Vijayesh Atre for the Respondent. JUDGMENT 1. The decision rendered in this appeal shall govern the disposal of other connected appeals being ITA Nos. 96, 97, 99, 100 and 101 of 2005 because all these appeals involve common substantial question of law and secondly, these appeals are filed by the Revenue against one assessee. 2. This .....

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..... he appellant and Mr. Vijayesh Atre, learned counsel for the respondent. 5. Having heard the learned counsel for the parties and on a perusal of the record of the case and lastly as conceded by learned counsel for the parties, we have formed an opinion to remand this appeal along with other connected appeals to the Tribunal (ITAT) for their decision afresh on the merits. 6. Since, we have formed an opinion to remand the cases to the Tribunal for their fresh decision on the merits and hence, it is not necessary for this court to narrate the facts in detail nor to record any categorical finding on the merits at this stage in these appeals. It will be now for the Tribunal to record a categorical finding on the merits after remand. 7. The nee .....

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..... d. (supra) their Lordships of the Supreme Court in paragraph 18 laid down the four propositions as to how and in what circumstances, an income earned by the assessee by whatever name called whether lease amount, rents, licence fee, received from leasing or letting out of assets can be held as business income. 10. In our opinion, since, their Lordships have held this question to be a mixed question of law and fact and hence, this court while hearing the appeal cannot decide the question for the first time. The Tribunal being the last court of appeal on facts has to undertake this task on facts involved in the case. It is for this reason, the remand is called for to the Tribunal. 11. Accordingly and in view of the foregoing discussion, we a .....

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