Surrendering Sub-Tenancy Rights: Capital Gain, Not Casual Income, Not Taxable u/ss 10(3) or 56 of Income Tax Act.

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....Surrender of sub-tenancy right - capital gain v/s casual income - it cannot be treated as a casual and nonrecurring receipt under section 10(3) and subject to tax under section 56 of the Act. If the income cannot be taxed under section 45, it cannot be taxed at all. - HC....