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    <title>2013 (4) TMI 860 - ITAT DELHI</title>
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    <description>Mesne profits or damages received from a tenant for wrongful possession were treated as compensation for deprivation of use and occupation of property. Applying the view of the larger Special Bench and the concept of mesne profits under section 2(12) of the Code of Civil Procedure, 1908, the receipt was held to be a capital receipt and not taxable as revenue income. It was also held not assessable as income from house property. In the absence of contrary binding jurisdictional High Court authority, the favourable view to the assessee was applied and the addition was deleted.</description>
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      <description>Mesne profits or damages received from a tenant for wrongful possession were treated as compensation for deprivation of use and occupation of property. Applying the view of the larger Special Bench and the concept of mesne profits under section 2(12) of the Code of Civil Procedure, 1908, the receipt was held to be a capital receipt and not taxable as revenue income. It was also held not assessable as income from house property. In the absence of contrary binding jurisdictional High Court authority, the favourable view to the assessee was applied and the addition was deleted.</description>
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