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    <title>1982 (8) TMI 82 - ITAT BOMBAY-A</title>
    <link>https://www.taxtmi.com/caselaws?id=58140</link>
    <description>An agreement to sell that transfers the land, with construction undertaken for purchasers, requires house-property taxability to be tested by ownership of the relevant portion of the superstructure. The revenue must prove that the assessee owned the property from which income is sought to be taxed; where that is not established, taxation cannot extend to the entire building. On the stated facts, the assessee retained ownership only in the two flats and cottage specifically allotted to him, while the remaining flats belonged to their respective purchasers. Income was therefore assessable only in respect of the portion actually owned by the assessee.</description>
    <language>en-us</language>
    <pubDate>Wed, 11 Aug 1982 00:00:00 +0530</pubDate>
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      <title>1982 (8) TMI 82 - ITAT BOMBAY-A</title>
      <link>https://www.taxtmi.com/caselaws?id=58140</link>
      <description>An agreement to sell that transfers the land, with construction undertaken for purchasers, requires house-property taxability to be tested by ownership of the relevant portion of the superstructure. The revenue must prove that the assessee owned the property from which income is sought to be taxed; where that is not established, taxation cannot extend to the entire building. On the stated facts, the assessee retained ownership only in the two flats and cottage specifically allotted to him, while the remaining flats belonged to their respective purchasers. Income was therefore assessable only in respect of the portion actually owned by the assessee.</description>
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      <pubDate>Wed, 11 Aug 1982 00:00:00 +0530</pubDate>
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