Chhattisgarh Court June 2011 Judgments
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Commissioner of Income Tax Raipur Vs. Bhilai Management Service Pvt Li ...
Court: Chhattisgarh
Decided on: Jun-12-2011
(APPLICATION UNDER SECTION 256 (2) OF THE INCOME TAX ACT)SATISH K. AGNIHOTRI, J.1. Heard learned counsel for the parties.2. This is a reference under Section 256 (2) of the Income Tax Act, 1961 (for short "the IT Act, 1961") against the order of refusal dated 2-5-2000 passed by the Income Tax Appellate Tribunal, Bench at Nagpur (for short "the ITAT"), in the reference application under Section 256 (1) of the IT Act, 1961.3. The Department requested the ITAT to refer the following questions of law:"1. Whether on the facts and circumstances of the case, the Tribunal was justified in law in holding that rental income was correctly assessable as income from business instead of income from house property assessed by the AO?"2. Whether on the facts and circumstances of the case, the Tribunal was justified in law in holding that ratio laid down by the Hon'ble High Court in the case of CIT v. Shri Nirmal 213 ITR 361 is applicable in the assessee's case without appreciating that the facts of bo...