transit rent in case of redevelopment

hi friends,

i want to know whether in case of redevelopment of property the transit rent paid the builder to tenant is taxable under the head "Income from House Property " or it is a capital receipt?

 

if any relevant case laws exist on the same kindly share it with me..

Replies (4)

HI Mihir,

Can u pls elaborate the facts??

that rent is paid in respect of the property, which is being developed or it is the reimbursement of  the rent paid for the temporary accomodation during the period of development....

hi amir,

 

the case is that the rent is paid for temporary accommodation during the period of construction.

Sounds bit unusual......

Anyways, then it will fall u/s 41(1) and will be treated as a Business Income, if the temporary accomodation is taken in course of business.

Otherwise, I dont think this receipt will be taxable...

 

Hi Amir & Mihir,

Is the Tds Appilcable in this case as TDS on Rent .

Kindly explain pr advice

 

Thanks

Ashok

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