Rental Income

first refer to a case law: [2000] 244 ITR 1 (CAL.) HIGH COURT OF CALCUTTA Mukherjee Estate (P.) Ltd. vs.Commissioner of Income-tax Y.R. MEENA AND R.K. MAZUMDAR, JJ. IT REFERENCE NO. 220 OF 1993 MARCH 7, 2000

it states that if assessee has an agreement to rent his terrace to the party then it would be income from house property but if he has an agreement to rent haording or build tower then it will be income from other sources.

in the referred case assesse has no agreement and therefore even after his claim of 30% SD is allowed by the Commissioner (appeals), ITAT reversed the same and CIT u/s 256 confirms it.and the assessee refused to claim 30%.

so if u have an agreement to rent roof then only u claim 30% SD. otherwise not.

hope u all found me crisp and clear.

THANKS TO RITESH KOTHARI FOR THIS - ITS NOT MY CONTRIBUTION

https://www.caclubindia.com/profile.asp?member_id=170667