House property

Originally posted by : deepak kumar srivastava
	An assessee, who was deriving income from house property, realised a sum of ` 52,000 on account of display of advertisement hoardings of various concerns on the roof of the building. Heclaims that this amount should be considered under the head “Income from house property” and not “Income from other sources”. How do you deal with the following issue under the provisions of the Income-tax Act, 1961

CA Final Nov 2000 – 3 Mark Question
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Rent on account of display of advertisement hoarding of various concerns on the roof of the building cannot be taxed as ‘Income from House Property’ but will be taxed as ‘Income from Other Sources’ because hoarding on roof of building cannot be treated as part of the building.

– Mukherjee Estate Pvt. Ltd. v. CIT [2000] 244 ITR 1 (Cal.)

It will be assessed under income from other sources.