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2011 (2) TMI 65 - HC - Income TaxSection 260A – Question of law - An appeal preferred by the assessee against the said order of assessment was dismissed by CIT (Appeals) holding that the assessment of income under the head ‘House property’ made on the basis of notional income at the rate of the rent payable under the lease was justified in law - After the expiry of the lease, the property fetched no actual income, the assessing authority assessed Rs. 96,000 per annum as income from the said premises under the head ‘House property’ and compelled the assessee to pay tax thereon and it was specifically held that the notional income at the rate of rent payable under the expired lease is the appropriate income from the said premises - when for long 10 years no amount was received from the said property in occupation of the same occupant, the lessor was taxed on the basis of notional income; it would be illegal to tax the income from the selfsame property under a different head - In the facts and circumstances, there will be, however, no order as to costs
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