During year, assessee had let out a part of an under construction school building on rent to an educational foundation.  Assessing Officer held since building was completed in part, 50 per cent of annual letting value was to be brought to tax as income from house property. Order of the Assessing Officer was affirmed by the tribunal. On appeal the Court held that  building would legally come into existence only on issuance of an occupancy certificate.    On facts, notional income by way of annual letting value could not be assessed on such building under construction during year. Followed Sharan Hospitality (P) Ltd. v. Dy.CIT (2020) 268 Taxman 443 (Bom.)(HC)  (AY. 2010-11)