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2014 (6) TMI 963

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..... the intention behind the lease and secondly what are the facilities given along with the buildings and documents executed in respect of each of them is to be seen. Thirdly it is to be found out whether it is inseparable or not. If they are inseparable and the intention is to carry on the business of letting out the commercial property and carrying at complex commercial activity and getting rental .....

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..... sed in this appeal by the appellants is: 1. Whether on the facts and in the circumstances of the case the Tribunal is justified in law in holding that the rental income received from Forum Mall, Eva Mall and UB City should be treated as Income from Business and not as Income from House Property , despite a specific agreement between the landlord and tenant contemplating a landlord tenan .....

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..... as under:. 26.... ... ... If the intention is to exploit commercial property by putting up construction and letting out for the purpose of getting rental income, then notwithstanding the fact that the furniture and fittings are provided to the lessee, the income from the building fall under the head income from house property . But if the assessee i s in the business of taking land, putti .....

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