1985 (8) TMI 56

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..... , Rajasthan, desires us to call upon the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, to refer the following question of law arising out of the order of the Appellate Tribunal, dated February 15, 1979, to this court for its opinion : " Whether, under the facts and circumstances of the case, the Tribunal was justified in holding that the income of the assessee is assessable under section .....

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..... y should be recomputed under the head 'Business income' and the expenses claimed by the assessee should be allowed as incidental to business. No reasons were assigned by the Appellate Assistant Commissioner but he followed his earlier decision in respect of the assessment years 1973-74, 1974-75, 1975-76 and 1976-77. The Income-tax Appellate Tribunal by its order dated February 15, 1979, upheld t .....

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..... as to whether it was income from business or it was income from other sources. The question as to whether the expenses claimed by the assessee could or could not be allowed as incidental to the business or as incurred in earning such income, depends entirely on the question as to whether the income from the lease money is held to be income from business or otherwise. We disagree with the findin .....

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