Case Law Details
Case Name : I.T.O. Vs. M/s Batram Properties Pvt. Ltd. (ITAT Kolkata)
Appeal Number : I.T.A No. 984/Kol/2016
Date of Judgement/Order : 12/01/2018
Related Assessment Year : 2011-12
Courts :
All ITAT ITAT Kolkata
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ITO. Vs. M/s Batram Properties Pvt. Ltd. (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.
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