9911796707
TMI Blog2008 (1) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... ost of acquisition in accordance with the second proviso to Rule 3 of Schedule III to the Act vis-a-vis the rent capitalization method – tribunal failed to consider whether exception (3) of 2(ea)(i), is applicable, so matter is remanded - 923 of 2007 - - - Dated:- 9-1-2008 - F. I. REBELLO R. S. MOHITE, JJ. JUDGMENT The Judgment of the court was delivered by F. I. Rebello, J.-1. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d therein and that includes employee as also officer. There is therefore, no merit in the first question which is accordingly dismissed. 3. In so far as third question is concerned, the same reads as under : "Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the impugned premises ought to be valued at cost of acquisition in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstruction given by the tribunal to the said provision and consequently the said question would not arise. 6. In so far as question No. 4 is concerned, the same would not be substantial question of law and consequently would not arise. 7. In so far as question No. 5 is concerned, the same reads as under : "Whether on the facts and circumstances of the Appellant's case and in law, the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it was raised and as in the arguments filed before the Commissioner (Appeals), we find that it was raised, the ends of justice will require that in so far as this question is concerned, the impugned order is set aside and the matter is remanded back to the tribunal for reconsideration. If the tribunal holds with the appellant, the consequential relief of interest may also be considered on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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