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2018 (1) TMI 1336 - ITAT KOLKATAIncome received by the assessee from sub-letting - nature of income - income from house property or busniss income - Held that:- 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. See M/s Konark Furniture Pvt. Ltd case [2014 (12) TMI 1321 - ITAT KOLKATA]
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