TMI Blog1994 (8) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... red in favour of the Revenue and against the assessee. The question referred is to the following effect : "Whether, on the facts and in the circumstances of the case, the rental income derived by the assessee was assessable in the hands of the assessee as income from other sources under section 56 of the Income tax Act, 1961 ?" It appears that this reference came up for hearing in the first ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that having first delivered judgment in these reference cases, the High Court had no power in law to recall those orders and hear the references afresh and come to a different conclusion. He submits that since the power under section 256 of the Income-tax Act is judicial in nature, the power of review is not available to the High Court, since the Act confers no such power. Counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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