Assessee received certain sum as consideration for transferring his sub-tenancy rights. AO assessed the same as income from other sources. CIT (A) held that the amount is assessable as capital gains. On appeal by revenue , dismissing the appeal of the revenue the Tribunal held that like tenancy right, a sub-tenancy right is also a capital asset and liable to be chargeable as capital gains and not as income from other sources. (AY. 2014-15)
ACIT v. Dr. Jayesh Keshrichand Shah. (2019) 175 ITD 751/ 181 DTR 41 (Mum.)(Trib.)
S. 45 : Capital gains-sub-tenancy right-capital asset- Gains on surrender is liable to capital gains tax and not income from other sources. [S. 14, 55(2), 56]