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2013 (2) TMI 371 - HC - Income TaxStatus of assessee – Whether the rental income from plinth is assessable as income of A.O.P. or is assessable as individual income of the co-owners - Land in the names of all the 5 owners - Inherited from their forefathers - Rent received from letting out the plinths would fall under 'Income from other sources' or 'Income from House property' Held that:- Following the decision in case of Gowardhan Das And Sons (2006 (9) TMI 134 - PUNJAB AND HARYANA HIGH COURT) wherein it has been held that the income from rental of plinths is to be assessed under 'Income from other sources' and not 'Income from House property' In order to assess individuals to be forming 'association of persons', the individual co-owners should have joined their resources and thereafter acquired property in the name of association of persons and the property should have been commonly managed, only then it could be assessed in the hands of 'associations of persons' Merely accruing of income jointly to more persons than one would not constitute thereon an association of persons. Unless the associates have done some acts or performed some operations together, which have helped to produce the income in question and have resulted in that income, they cannot be termed as association of persons. The co-owners had inherited property from their ancestors and there was nothing to show that they had acted as association of persons. The income was, thus, to be assessed in the status of 'individual'. In favour of assessee
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