(1.) The appellant Commissioner of Income Tax, Rajkot has filed this Tax Appeal under section 260-A of the Income Tax Act, 1961 for the assessment year 2001-02 proposing to formulate the following substantial questions of law for determination and consideration of this Court:-
(2.) This Court has issued notice on 23rd August, 2010 for final disposal. While issuing the notice, the Court has observed that the Tribunal has not recorded any finding as to how the decision in the case of Nalanda Housing is applicable to the facts of the present case. On service of notice, Mr. Tushar Hemani, learned advocate appears on behalf of the respondent assessee.
(3.) Heard Mrs. Mauna Bhatt, learned Standing Counsel appearing for the revenue and Mr. Tushar Hemani, learned advocate appearing for the respondent assessee.