1997 (7) TMI 19

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....SHOK BHAN J.-The Commissioner of Income-tax, Jalandhar, has filed this petition under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as the Act), for issuing a mandamus directing the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as the Tribunal), to refer the following question of law to this court for its opinion: "Whether, on the facts a....

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....d this income under the head "Income from business or profession" whereas the Assessing Officer held that it was income from house property. The Assessing Officer accordingly did not consider the rental income for the purpose of salary paid to partners under section 40(b) of the Act and disallowed the claim of salary made at Rs. 71,245. He also disallowed depreciation of Rs. 9,851 claimed in respe....

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.... under the head "Business income". The Revenue filed an appeal before the Tribunal which was rejected. While rejecting the appeal, the Tribunal relied upon a judgment of this court in CIT v. Anand Rubber and Plastics (P.) Ltd. [1989] 178 ITR 301. Counsel for the parties have been heard. Counsel appearing for the Revenue argued that in Anand Rubber and Plastics (P.) Ltd.'s case [1989] 178 ....

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...., it has upheld the finding recorded by the first appellate authority that the let out premises were leased out for the commercial purpose with a motive to reduce the burden of expenditure and to reduce the loss. It would have been better if the Tribunal had recorded its own positive finding but on the facts we find that the assessee had shifted its premises from the old place to the new place due....