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    <title>2016 (3) TMI 243 - ITAT MUMBAI</title>
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    <description>The Tribunal concluded that the premium of Rs. 51,00,000 received by the assessee trust for granting tenancy rights is a capital receipt liable to capital gains tax, not advance rent taxable as income from house property. The reassessment order for AY 2005-06 was quashed as void ab-initio since the AO did not make any addition based on the reasons recorded for reopening the assessment. The Revenue&#039;s appeal was dismissed, and the assessee&#039;s cross-objection challenging the validity of the reassessment proceedings was allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=325059</link>
      <description>The Tribunal concluded that the premium of Rs. 51,00,000 received by the assessee trust for granting tenancy rights is a capital receipt liable to capital gains tax, not advance rent taxable as income from house property. The reassessment order for AY 2005-06 was quashed as void ab-initio since the AO did not make any addition based on the reasons recorded for reopening the assessment. The Revenue&#039;s appeal was dismissed, and the assessee&#039;s cross-objection challenging the validity of the reassessment proceedings was allowed.</description>
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      <pubDate>Mon, 29 Feb 2016 00:00:00 +0530</pubDate>
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