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    <title>1987 (5) TMI 358 - HIGH COURT OF PATNA (FB)</title>
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    <description>The court determined that the income received by the proprietor from the managing contractor was not classified as income from business under section 28(1) of the Income-tax Act, 1961. The court emphasized that the proprietor had relinquished control over the business to the managing contractor and was receiving fixed payments and royalties based on coal production. The court analyzed the lease agreement terms, highlighting the managing contractor&#039;s operational authority. Relying on precedent, the court differentiated temporary letting out of business from long-term lease. The court dismissed arguments regarding the contract&#039;s validity under Minor Mineral Concession Rules. Ultimately, the court ruled in favor of the revenue, classifying the income as from other sources under section 56.</description>
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    <pubDate>Tue, 12 May 1987 00:00:00 +0530</pubDate>
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      <title>1987 (5) TMI 358 - HIGH COURT OF PATNA (FB)</title>
      <link>https://www.taxtmi.com/caselaws?id=127818</link>
      <description>The court determined that the income received by the proprietor from the managing contractor was not classified as income from business under section 28(1) of the Income-tax Act, 1961. The court emphasized that the proprietor had relinquished control over the business to the managing contractor and was receiving fixed payments and royalties based on coal production. The court analyzed the lease agreement terms, highlighting the managing contractor&#039;s operational authority. Relying on precedent, the court differentiated temporary letting out of business from long-term lease. The court dismissed arguments regarding the contract&#039;s validity under Minor Mineral Concession Rules. Ultimately, the court ruled in favor of the revenue, classifying the income as from other sources under section 56.</description>
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      <pubDate>Tue, 12 May 1987 00:00:00 +0530</pubDate>
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