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Income from House Property


17 October 2008 Rent received from cell sites ( mobile tower on top of residential property) is clubbed under Income from House Property. A case law to this effect is required
The assessing officer is contending to consider it under Income from Other Sources

17 October 2008 No need for a case law, as this is not disputed, as far as my knowledge goes.

17 October 2008 The assessing officer is contending that he will treat it as income from other sources


17 October 2008 He can not as he is ignorant of the fact that what you provide is space in your House property. The tower is not yours and the payment made by the cell company is rent for the space occupied. The wordings of the rental agreement is the deciding factor and the assessing officeer can not ignore that.

17 October 2008 there has been a recent tribunal decision that it is to be considered under income under house property. am searching for that. any source available??



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