2000 (11) TMI 40

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..... damages for use and occupation of the property after termination of the lease. The assessee claimed that the amount awarded by the Court as damages for use and occupation of the property by the lessee after the termination of the lease is in the nature of a capital receipt. That claim was negatived by the AO, by the appellate authority and also by the Tribunal. The question that has been referr .....

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..... d possession against the wishes of the lessor. The amount so payable to the owner is the amount payable for the use and occupation of the premises and remains a revenue receipt in the hands of the lessor. The capital asset of the lessor remains in his legal constructive possession during the time when it is occupied by a tenant with the consent of the lessor. During the period it is occupied ag .....

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