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Income from Business or House Property, Income Tax

Issue Id: - 4980
Dated: 26-11-2012
By:- SANJAY BAHETI

Income from Business or House Property


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A Pvt Ltd company with main object of construction of building, apartment and letting them on hirelease and selling in ownership, earns rent from these apartment. My query is whether rent earned would be taxable under the head income from business or income from house property.

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1 Dated: 26-11-2012
By:- CA GOPALJI AGRAWAL

It would be taxable under income from house property. There are only two exceptions one, it letting out is just incidental and subservient to the business of the assessee like letting out to employees etc and second if letling out property includes charges for other facility in the form of business cabins where rent can not be approtioned.

Probably your case does not seem in exceptional categories.


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