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    <title>2005 (6) TMI 505 - ITAT MUMBAI</title>
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    <description>An assessee claiming tenancy-based receipt of a flat must prove the tenancy and surrender of tenancy rights through reliable independent evidence; uniform rent receipts, absence of a tenancy agreement, and lack of supporting occupancy records were insufficient, so that claim failed. On that basis, the flat was treated as a casual and non-recurring receipt under the Income-tax Act, with the alternative arguments that it was a capital receipt or a valid gift also rejected for want of supporting evidence, so the taxation addition survived. The separate trading addition relating to gross profit and loss on sale of import raw material was deleted on proper appreciation of facts and law, and that deletion was upheld.</description>
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      <title>2005 (6) TMI 505 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=118989</link>
      <description>An assessee claiming tenancy-based receipt of a flat must prove the tenancy and surrender of tenancy rights through reliable independent evidence; uniform rent receipts, absence of a tenancy agreement, and lack of supporting occupancy records were insufficient, so that claim failed. On that basis, the flat was treated as a casual and non-recurring receipt under the Income-tax Act, with the alternative arguments that it was a capital receipt or a valid gift also rejected for want of supporting evidence, so the taxation addition survived. The separate trading addition relating to gross profit and loss on sale of import raw material was deleted on proper appreciation of facts and law, and that deletion was upheld.</description>
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