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2004 (7) TMI 26 - HC - Income TaxIncome from letting out of building - "Whether, Tribunal was right in holding that the income from letting out of building is assessable as business income?" - According to Revenue, as per section 22, any income from letting out of a building has to be assessed under the head "Income from house property", and therefore, the income of the respondent/assessee is liable to be assessed as an income from house property. - From a perusal of the assessment order as well as that of the appellate authorities, we do not see any finding that the respondent/assessee is the owner of the building in question, which goes to the very root of the issue and there is a further failure on the part of the revenue authorities as to the finding whether the assessee had exploited the property as owner by leasing out the same and realising income by way of rent. - even though we are unable to allow the appeal, we are constrained to set aside the impugned order and remit the matter to the Assessing Officer
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