1979 (9) TMI 111

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....claim of the assessee was rejected by the ITO on the ground that no business was done by the assessee and the rent received by the lease of the tea estate under a lease-deed dt. 28th August 1965 was income from other sources to which r. 8 of the IT Rules was not applicable. 2. On appeal, the AAC was of the opinion that the lease was a composite one and the land attributable to the agricultural la....

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.... was a lease of tea estate including a factory and other buildings. Reliance was placed in the decision of the Calcutta High Court in AIR 1938 Cal 589. It was also submitted that in a similar lease, rent received was held to be exempt under r. 8 in the case of Harocharai Tea Company 1977 CTR (Gau) 229 : (1978) 111 ITR 495 (Gau). 5. On the consideration of the rival submissions, we are of the opin....