2005 (1) TMI 36

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....e-tax Appellate Tribunal has stated a case and referred the following question of law for our consideration under section 256(1) of the Income-tax Act, 1961: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the rent receipts derived by the assessee-company from letting out of properties should be assessed under the head 'Business....

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....d its own order rendered in the assessee's own case for the assessment year 1985-86 and held that the income derived from the property should be assessed under the head "Business". The Income-tax Appellate Tribunal, at the instance of the Revenue, has stated a case and referred the question of law set out earlier. It is stated by learned standing counsel for the Revenue that the order of the Inco....

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....r. P.P.S. Janardhana Raja, learned counsel for the assessee, submits that the Supreme Court has granted special leave to appeal against the judgment of this court cited supra, in S.L.P. No. 13876 of 2003 dated July 23, 2004, and seeks oral leave for the grant of certificate for leave to appeal to the Supreme Court. We find that the Supreme Court has already granted special leave to appeal against ....