1983 (2) TMI 2

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..... d Bench, Allahabad: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the income of the assessee was liable to be assessed as income from other sources ? (2) If the answer to question No. 1 is in the negative, was this income, income from property as claimed by the Department or business income as claimed by the assessee ? (3) Whether, .....

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..... sioner, on the other hand, claimed that it was income from house property and, as such, liable to tax. The present reference relates to the assessment year 1972-73. The Tribunal took the view that the income of the assessee was one from other sources and further, that it was not exempt from tax on the principle of mutuality as claimed by the assessee. The reference was made by it of the aforesai .....

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..... affirmative, in favour of the assessee and the third question in the negative, also in favour of the assessee. In view of these, answers, it is not necessary to record any answer in regard to question No. 2. With these answers, the matter shall go back to the Tribunal with copy of our judgment to enable it to pass necessary orders to dispose of the case in conformity with our judgment in terms .....

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