1980 (9) TMI 37

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..... Bench, Indore, has stated the case and referred the following question for our opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the income from lease rent was assessable as income from business and not as income from other sources ? " As, according to us, on facts stated, no question of law arises, we decline to answer the .....

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..... uting the profit or loss of the business. The matter finally reached the Appellate Tribunal. The Tribunal observed as follows: " We have gone through all these authorities carefully and the ratio decidendi of all these authorities is that in such a case it is a question of fact as to whether the intention of the assessee was to get rid of business altogether or the plant and machinery had been le .....

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..... to the Tribunal, it was a case of commercial exploitation and the income from the lease was business income. Clearly, this finding is one of fact based on the material placed before the Appellate Tribunal and, therefore, no question of law as such arose from the order of the Tribunal. We, therefore, decline to answer this question. There shall be no order as to costs.
Case laws, Decisions, J .....

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