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What is the head of income – whether it be "income from house property" or "profits and gains of business" – under which the rental charges received by the assessee company on letting out the shop rooms in the mall constructed by it is liable to be assessed under the Income Tax Act, 1961 (hereinafter referred to as 'the Act')? This is the substantial question of law that needs to be answered in this appeal filed by the revenue.

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Section 28(i) read with section 22 of the Income Tax Act, 1961 — Nature of Income— Business income or Income from house property — Primary intention of assesee by letting out shops in mall was commercial exploitation of property. income so derived from same would be assessed as income from business and not as income from house property — Commissioner of income tax vs. Oberon Edifices & Estates P ltd [2019] 263 Taxman 377 (Kerala)    

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