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TMI Blog2013 (10) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... eing kept open, that again is not a matter which is required to be examined by this court in this appeal to decide on the substantial question of law. The Tribunal itself has reserved liberty on this aspect to the Assessing Officer. Res- judicata to apply in cases regarding taxation matters – Held that:- Res judicata is not strictly applied in tax matters as in civil matters and particularly under the Civil Procedure Code, 1908, as each assessment year is different and it is for the assessee to assert its position and make it good and it is always open to the assessing authority to examine such matters. - ITA 338/2012 - - - Dated:- 3-7-2013 - SHYLENDRA KUMAR D. V.AND INDRAKALA MRS. B. S., JJ For the Appellant: Sri. Ashok A. Kullk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee in the status of the firm, but treating the income as from house property, as against the claim of the assessee that it should be assessed under the head "Business income". 3. It also appears that only income of the assessee was from such leasing activity which was the lease of commercial complex owned and developed by the assessee. The appeal to the Appellate Commissioner having failed, the assessee had filed second appeal before the Tribunal. Incidentally, in so far as the assessment year 2003-04 is concerned, the assessee was agitating the question as to whether it should be assessed in the status of the firm as claimed or in the status of association of persons and the Assessing Officer did assess the assessee in the statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act and not by resorting to issue of notice under section 148 of the Act and assessment under section 147 of the Act. 8. However, it is further submitted that when the matter is being remanded to the assessing authority, the assessee should not have been preempted of the question as to whether the income should be assessed under the head "House property" or under the head "Business income" and should not have applied the consequence applied for the assessment year 2003-04 for this year also as the matter was being remanded. 9. Notice had been issued to the respondent. Sri K. V. Aravind, learned standing counsel appearing for the respondent, has pointed out that the matter is remanded to the assessing authority and the question of val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain is not a matter which is required to be examined by this court in this appeal to decide on the substantial question of law. The Tribunal itself has reserved liberty on this aspect to the Assessing Officer. 13. Even to allay the apprehension of Sri Ashok A. Kulkarni, learned counsel for the appellant-assessee, we may notice that and as submitted by SriK. V. Aravind, learned standing counsel appearing for the respondent, the concept of res judicata is not strictly applied in tax matters as in civil matters and particularly under the Civil Procedure Code, 1908, as each assessment year is different and it is for the assessee to assert its position and make it good and it is always open to the assessing authority to examine such matters, b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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