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    <title>1970 (5) TMI 20 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=8188</link>
    <description>Where premises are let together with fixtures, fittings and air-conditioning plants as one composite and inseparable demise, the rent is assessed under section 12(4) of the Income-tax Act, 1922, because the building rent cannot be split from the rent attributable to the plant and related items. Where the lease terms show that the building and plant were intended to form a single letting and rent was payable as one arrangement, the composite rental falls within that provision. By contrast, where conveyance recitals and possession records show that the owner retained possession and the asserted transfer in part performance was not established, the rental income remains assessable as income from house property under section 9.</description>
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    <pubDate>Tue, 19 May 1970 00:00:00 +0530</pubDate>
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      <title>1970 (5) TMI 20 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=8188</link>
      <description>Where premises are let together with fixtures, fittings and air-conditioning plants as one composite and inseparable demise, the rent is assessed under section 12(4) of the Income-tax Act, 1922, because the building rent cannot be split from the rent attributable to the plant and related items. Where the lease terms show that the building and plant were intended to form a single letting and rent was payable as one arrangement, the composite rental falls within that provision. By contrast, where conveyance recitals and possession records show that the owner retained possession and the asserted transfer in part performance was not established, the rental income remains assessable as income from house property under section 9.</description>
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      <pubDate>Tue, 19 May 1970 00:00:00 +0530</pubDate>
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