2002 (6) TMI 25

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....At the instance of the Revenue, the following question of law is referred to this court for its opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in coming to the conclusion that the assessee is entitled to exemption under section 40(3)(vi) of the Finance Act, 1983, for the residential property on the ground that the same was used for guest house....

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.... question as being used for business purposes. The Tribunal has also referred to the order of the Income-tax Officer passed under section 143(3) in the case of the assessee-company wherein it was clearly stated that the Department had taken the stand that the premises were business premises and the Tribunal has, therefore, come to the conclusion that when the property was used for business purpose....