1980 (1) TMI 4

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....g question has been referred in pursuance of the directions of this court: " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the income derived by the assessee from letting out of 'Vinayaka Lodge' should be assessed as business income but not income from property ? " The assessee was carrying on business in groceries. He constructe....

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....y, determined the income at Rs. 10,631 and Rs. 27,617 respectively for the two years. On appeal, the AAC also rejected the assessee's contention that the said income should be assessed under the head " Business ". The Tribunal, on further appeal, held that in view of the number of rooms, the length of time for which the inmates were occupying the building and the amenities provided, like cot, tabl....

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....herefore, rightly assessed as " business income " as decided by the Tribunal. A question like the one before us is, to a large extent, capable of decision only on the basis of the facts of each case. It is not possible to have any axiomatic principle to find out whether in running a particular lodge, the assessee has been carrying on a business or merely letting out the property. In this partic....