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2013 (12) TMI 1101 - ITAT MUMBAISurrender of tenancy/occupancy rights – Capital gain or income from other sources - Held that:- The fact whether the assessee was a tenant or not was not determined through any document or order of the court – The assessee has not furnished copies of the orders which contain the direction to the occupants of the premises to make payment to the landlord and there is no clarity on the nature of such payment - The assessee has acquired some rights in property either legal or otherwise – The CIT was directed to examine whether the assessee was tenant and has acquired any tenancy rights or not – the Commissioner of Income-tax (Appeals) shall also adjudicate how the "right to remain in possession of the premises or right to litigate" are different from "the right to tenancy" as both the rights allow the assessee to reside in the premises – With amendment to section 55(2) the "tenancy rights" attained legal cognizance -As such there is need for first deciding if the assessee's rights in the property constitutes a "tenancy rights" within the meaning of section 55(2) – The issue was restored for fresh adjudication.
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