Income from Subletting of Property is House Property Income

In this case assessee has tenancy rights in the premises. The assessee has let out the premises and is showing receipt as business income. However, authorities below have given finding that assessee is only subletting the property and receiving of house properly income. The authorities below have relied upon the decision of Hon’ble Delhi High Court in the case of CIT vs D S Singh 186 CTR 387 and the Hon’ble apex court decision in the case of Poddar Cement 226 ITR 625. We find that in light of the facts of the case and the case laws relied upon by the authorities below it is clear t...