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    <title>2020 (1) TMI 491 - ITAT MUMBAI</title>
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    <description>For section 27(iiib) read with section 269UA(f)(i), the real character of possession and lease arrangements must be determined from reliable surrounding evidence. On the facts, the claim that Kantilal House was occupied under a month-to-month tenancy was not substantiated; continuous occupation since 1948 and successive long-term arrangements showed that the statutory exception to deemed ownership did not apply. The assessee was therefore treated as a deemed owner, and the rental receipts from Kantilal House were chargeable under section 22 as income from house property.</description>
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      <link>https://www.taxtmi.com/caselaws?id=390878</link>
      <description>For section 27(iiib) read with section 269UA(f)(i), the real character of possession and lease arrangements must be determined from reliable surrounding evidence. On the facts, the claim that Kantilal House was occupied under a month-to-month tenancy was not substantiated; continuous occupation since 1948 and successive long-term arrangements showed that the statutory exception to deemed ownership did not apply. The assessee was therefore treated as a deemed owner, and the rental receipts from Kantilal House were chargeable under section 22 as income from house property.</description>
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