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2007 (10) TMI 639

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.... this appeal under section 260A of the Income-tax Act, 1961 ('the Act') the revenue is aggrieved by an order dated 19-1-2007 passed by the Income-tax Appellate Tribunal ('Tribunal'), Delhi Bench "H", New Delhi in ITA No. 4363/Delhi/2005 relevant for the assessment year 2000-01. 2. The only controversy in this case is whether the Assessing Officer had recorded his satisfaction for initiating pen....

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.... the CIT(A). We find that the CIT(A) had looked into the question whether the rental income received by the assessee is required to be assessed under the head 'Income from house property' or under the head 'Business income' as claimed by the assessee. The CIT(A) held that two views are possible in this regard and since there is no clear and definite inference that can be drawn one way or the other....