1997 (9) TMI 52

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.... A. K. MATHUR C. J.---This is a reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue and the following question of law has been referred by the Tribunal for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order passed by the Commissioner under section 263 of the ....

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....cer to make necessary enquiry rendered the assessment erroneous and also prejudicial to the interests of the Revenue. The Commissioner, therefore, in exercise of his powers conferred under section 263 of the Act, set aside the assessment order and remanded the case back to the Assessing Officer to make an enquiry into the matter and decide the same. The assessee went up in appeal and the Tribun....

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....come from letting out of the godowns and buildings is assessable under the head "Income from house property" or otherwise. It appears that the same was not inquired into and no proper efforts were made to find out whether the income derived from letting out of godowns and buildings was assessable under the head "Business income" of the assessee or not. Therefore, in our opinion, the view taken by ....