This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
ITAT directs AO to treat licence fee derived from tenants as business income
Case Law Details
- Case Name
- Batram Properties Pvt. Ltd. Vs I.T.O. (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2010-11
- Courts
- All ITAT, ITAT Kolkata
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Batram Properties Pvt. Ltd. Vs ITO (ITAT Kolkata)
Under section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is also not the case of the revenue that the tenancy is for a period of more than 12 years which could be construed as ownership rights u/s 27(iiib) of the Act. Therefore the income in question cannot be assessed as income from house property.
The mere fact of attachment of income to any immovable properly can...
