2004 (7) TMI 68

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....on a reference made by the Income-tax Appellate Tribunal, Cochin Bench, in R.A. No. 240/Coch. of 1989. The following questions of law have been referred to us by the Tribunal: "(1) Whether, on the facts and in the circumstances of the case and considering the disadvantages noted in the enclosure to the reference application, - (i) the Tribunal is right in law and fact in remitting the case to th....

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....the assessee is not entitled to the benefit of section 54F. This was endorsed by the Commissioner of Income-tax (Appeals). The assessee has filed an appeal before the Tribunal. The Tribunal ultimately remanded the matter to the Assessing Officer. In the remand order what the Tribunal had stated is that if on April 4, 1986, the assessee's family were present in the impugned premises, it could be tr....

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....t correct. The Assessing Officer, according to us, should consider again on remand, the question whether the building at Thodupuzha is a residential house, taking into account the proviso of section 54F also. Hence, the remand made by the Income-tax Tribunal is set aside. The Assessing Officer should consider afresh the question whether the building at Thodupuzha is a residential building or not.....