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Letting out being primary intention, income taxable under house property
Case Law Details
- Case Name
- Mahesh Devdutta Gupta Vs ACIT (ITAT Nagpur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2005-06
- Courts
- All ITAT, ITAT Nagpur
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Mahesh Devdutta Gupta Vs ACIT (ITAT Nagpur)
Held that we are of the considered view that the predominant intention of entering into these agreements is letting out of the property and not provision of any independent services.
Facts-
The assessee entered into two agreements of leave license and service charges, in respect of which, the assessee has offered the income under the head “income from house property”, whereas the AO had brought the same under the head “income from other sources”. It was submitted that in the AY 2003–04, AO assessed income from rent and serv...






