COMMISSIONER OF INCOME TAX Vs. GAMBHIR MAL PANDYA

JUDGEMENT

(1.) BY this application under Section 256(2) of the Income-tax Act, 1961, the Commissioner of Income-tax, Rajasthan, desires us to call upon the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, to refer the following question of law arising out of the order of the Appellate Tribunal, dated February 15, 1979, to this court for its opinion :

(2.) THE facts of this case are not in dispute. THE income in question represents lease income from a factory belonging to the assessee. THE question which arose before the Income-tax Officer, Company Circle-I, Jaipur, during the assessment proceedings relating to the assessment year 1977-78, was as to whether the income of the assessee from leasing the factory was income from business or income from other sources. THE Income-tax Officer was of the view that such income of the assessee could not be held to be income from business, but it was income from other sources and was taxable as such.

(3.) WE direct the Income-tax Appellate Tribunal to state the case and refer the aforesaid question of law arising out of its order dated February 15, 1979, for the opinion of this court.