2023 (3) TMI 100

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....that the assessee is an individual, filed her return of income, showing the rent received from sub letting the property under "income from other sources". Without considering the fact that the assessee is not the owner of the property, the Assessing Officer (AO) made addition of Rs.1,75,000/- under the head "income from house property" based on the entries in the Form 26AS. 3. Aggrieved, the assessee preferred an appeal before the CIT(A) and the Ld.CIT(A) after considering the facts and circumstances of the case, dismissed the appeal of the assessee saying that the assessee has not filed appeal against intimation u/s 143(1) of Income Tax Act, 1961 (in short "Act"), but the assessee has filed rectification petition u/s 154 of the Act befo....

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....e from house property" or "income from other sources". The Ld.AR contended that rental income of a person other than the owner cannot be charged to tax under the head "income from house property". He further submitted that the rental income received by the tenant by sub letting a property can be charged to tax under the head "income from other sources" or "profits and gains from business or profession". The Ld.AR further contended that the assessee has rightly shown rental income from leased property amounting to Rs.6,81,900/- and claimed deduction of Rs.3,220/-, being rent paid on leased property. He further contended that whatever the rent received by the assessee, by sub letting the property is offered as "income from other sources". The....