COMMISSIONER OF INCOME-TAX Vs. R G WANI

JUDGEMENT

(1.) THIS is an application by the Commissioner of Income-tax, Nagpur, under section 256 (2) of the Income-tax Act, 1961, for a direction to the Tribunal to state the case and to refer the following two questions said to be of law for the opinion of this court :

(2.) THE property known as Wani Market, is registered as a commercial complex in the municipal council and is used as shops.

(3.) THE benefit under the second proviso to sub-section (1) of section 23 of the Income-tax Act was claimed by the assessee on the basis that it was a residential unit. The Income-tax Officer did not grant that benefit. The Appellate Assistant Commissioner allowed the appeal of the assessee. The Tribunal confirmed the order passed by the Appellate Assistant Commissioner on the basis of a circular of the Central Board of Direct Taxes dated March 19, 1971, and the case of Tata Engineering and Locomotive Co. Ltd. v. Gram Panchayat, AIR 1976 SC 2463.