Calcutta HC explains tax treatment of sub-licensing income from shops & services

Oberoi Building & Investment (P) Limited Vs CIT – II (Calcutta High Court)

Background: The case of Oberoi Building & Investment (P) Limited versus the Commissioner of Income Tax (CIT) – II, arose from an order dated 23.07.2010, in ITA 330 (Kol) of 2008 [assessment year 2005-06]. The Income Tax Appellate Tribunal, ‘C’ Bench, Kolkata, had previously passed this order. The Calcutta High Court framed two substantial questions of law for consideration:

i. Whether income from sub-lic

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