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2018 (12) TMI 1062 - ITAT MUMBAIIncome from House Property - rental income received from subletting - whether the assessee can be treated as owner or deemed owner of the subject property to consider the rental income received from subletting to Movielabs Films P. Ltd. as income from house property? - Held that:- Before treating the assessee as owner or deemed owner of the property for treating the income derived from subletting of the property as house property income, the Department must bring material on record to establish such fact. From the tenancy agreement submitted in the Paper Book it appears that the assessee is in possession/occupation of the property as a monthly tenant. Therefore, it was incumbent upon the AO to bring material on record to establish that the assessee is enjoying property having ownership rights - it is also necessary to examine whether the provisions of Section 269UA(f)(i) is applicable to the present case or not. Since the aforesaid factual aspects have not been properly examined before treating the rental income as income from house property, restore the issue to the AO for de novo adjudication. - Decided in favour of assessee for statistical purposes
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