Held, that the assessee lost both ownership and operating power over the shop which was an integral part of the multiplex theatre, on sale or transfer of the shop, and that the shop, though built by the assessee, was neither owned nor operated as an integral part of multiplex theatre at the time of accrual or receipt of income on sale or transfer of the shop. The rental income derived from the shop was assessed as business income and not income from house property. Since the shop, a depreciable asset, was sold, the gains derived therefrom had to be assessed as short-term capital gains in accordance with section 50..  The income derived from sale or transfer of the multiplex theatre (on lock, stock and barrel basis) is rightly  assessed under the head Capital gains and not business income. Order of CIT(A) is affirmed.   (AY.2008-09)