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2019 (6) TMI 283 - AT - Income TaxCorrect head of income - rental income on sub-letting - Income from house property or income from other sources - ownership of property - HELD THAT:- There are two pre-conditions for charging the income as income from house property u/s 22 . Firstly, the assessee must be the owner of the property. Also, the property must not be occupied by the assessee for the purposes of his business or profession. In other words, the property should be a residential property. In the present case, neither of the above conditions of section 22 of the Act stands satisfied. The assessee, as discussed, is not the owner of the property in question. Too, the property is commercial in nature. Therefore, the provisions of section 22 of the Act are not at all applicable. Hence, the addition made as ‘income from house property’ is not sustainable. Accordingly, the order under appeal is reversed and the addition is deleted.
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