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Income Tax

Letting out being primary intention, income taxable under house property

Case Law Details

Case Name
Mahesh Devdutta Gupta Vs ACIT (ITAT Nagpur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2005-06
Advertisement 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...
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