2001 (2) TMI 30

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....s are interlinked. Both the assessee and the Revenue moved for references under section 256(1) of the Income-tax Act, 1961 (in short "the Act"). The Income-tax Appellate Tri bunal, Delhi Bench-B ('the Tribunal" in short), referred the following question at the instance of the Revenue for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Appel late Tribu....

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.... in the circumstances of the case, the Tri bunal was right in holding that the income enjoyed by the assessee from those flats would be assessed under the head 'Income from other sources' and not under the head 'Income from house property'?" The question that essentially arises is whether the property which was first let out with effect from November 1, 1972, could have the benefit of vacancy a....

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....evenue. So far as the crucial question No. 1 is concerned, we find that the Tribunal did not elaborately deal with the matter and recorded only the following finding: "The first two grounds of appeal pertain to vacancy allowance in respect of the second and third floors of the building 'Sandhya Deep' under the provisions of section 24 of the Act. It is also urged that the authorities below w....