Nature of rent Income not changes merely for Agreement Type

Mahle Filter Systems Pvt. Ltd. Vs Add. CIT (ITAT Delhi)

The issue under consideration is whether A.O. is correct in treating the ‘rental income’ as ‘income from other sources’?

The assessee has disclosed rental receipts from its factory building and after deducting 30% as per provisions of section 24 of the Act, income from house property has been disclosed. The Assessing Officer found that the assessee has entered into a ‘Leave and License’ Agreement and not ‘Lease Rental’ Agreement.

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