TMI Blog1997 (11) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... in law in holding that the income from the leasehold property should be assessed as income from 'house property' and not from 'other sources'?" The point indeed is very simple. Under section 22 of the Income-tax Act the value of the property which is chargeable to income-tax shall be chargeable to income-tax under the head "Income from house property", if the assessee is the owner of the proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e's claim under section 22 was rejected by the Assessing Officer and the Commissioner of Income-tax (Appeals) on the ground that the assessee was only the lessee of the property and not its owner. We find that the Tribunal's findings treating the assessee as the owner by applying the ratio in the judgment of this court in Ballygunge Bank Ltd. v. CIT [1946] 14 ITR 409 is not correct by making app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riving income from any structure that he had raised over the leasehold property by virtue of the right given to him under the lease agreement. Admittedly, the lessee was claiming the benefit under section 22 of the Act from the income derived from the house of the leasehold property as it was let out to him by the lessor, without raising any structure thereupon. In that view of the matter, we ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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