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Others 1668 views 22 replies

if a assessee bought a land through lease from others  and he gave it as rent to  some other person 

under which head it is taxable

please sent reply immeditely

Replies (22)

Rent from letting out land is always taxable as income from other sources...

This would be a sub-lease and it is taxable under Income from other sources

wheather income from house property or business or profession?????

thanks a lot

if u please give a brief discriptttion please...

Not Under House property since Assessee is not the owner and not a Business Income since not incidental to it so the correct head would be Income from other Sources

I agree...it is taxable under 'Other Sources'

its depends upon situation, if taking lease and then sub leasing the land is on regular basis then it is business income otherwise it will be a income of other source.

income shall be taxable in HP head only when it is a house property  not only land.

in my opinion if the assessee is in the business of obtaining lands on lease and then sub leasing it he can treat the same as his business income... else income from other sources seems appropriate..... assessee has a choice of adopting his method of accounting provided the same is consistently followed. Many case laws in this regard U/s.145 of the IT act. 

than k u sivaram sir

but if the assessee has taken the plot on lease from A and constucted Hotel  and leased out the same to B and receiving rental income from B and Paying ground rent  to A

agree with all comments

he can provide it as business income and claim depreciation on the building as well.

Hotel is not under the ownership of such assessee hence it will not come in any case in HP head.

Income taxable in HP head only when HP is under ownership of Assessee.

income from other source 


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