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2010 (10) TMI 703 - AT - Income TaxBusiness income/ House property - income in the form of License fee and compensation received by the assessee on renting out of a property - assessee was merely let out the property and deriving rental income. He was not carrying on any systematic or organized activity which could be said to be carrying on a business - The fact that in the past the treatment of the income as one from business cannot be a bar to make assessment of the income under the correct head of income in accordance with law - In the case of the assessee there are no facts brought out as to why the income in question has to be considered as income from business - Decided against the assessee Regarding reopening - it was submitted that in the assessment completed in the past, the income has been accepted as income from business and reopening has been done purely on a change of opinion - assessee by claiming the income from letting out the property under the head "business income" was also claiming deduction of expenses which were allowed normally under the head "income from house". By reason of changing of head of income those expenses cannot be allowed as a deduction - Decided against the assessee
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