assignment of tenancy rights was prohibited by the Bombay Rent Act. Counsel for the respondent submitted that the tenancy rights in the suit flat were ... assigning or transferring his interest in the tenanted premises in any manner. Shivram was therefore not competent to transfer the tenancy rights and the purported
assessee. It was held that the Transfer of
Tenancy Agreement clearly evidenced transfer of tenancy rights
and not ownership of a residential house. The Assessing ... previous year, the assessee entered into a Transfer of
Tenancy Agreement dated 15.04.2019, whereby such tenancy
rights were relinquished/transferred in favour of an incoming
towards surrendering their
tenancy rights by Mr. Runish Chheda and Mrs. Parita Chheda.
We have already submitted the tenancy right transfer ... above, there is no transfer of tenancy right in favour of
Parita Chheda. The tenancy right had been transferred in favour of
only Mr. Runish
said Act that in case of any involuntary
transfer or transfer of the tenancy right by virtue of a
scheme of amalgamation sanctioned ... said Act that in
case of any involuntary transfer or transfer of the tenancy
right by virtue of a scheme of amalgamation sanctioned
transfer, in their favour, of the tenancy rights,
but, on the other hand, those rights are being transferred
to them, as incidental. to the sale ... assignments or transfers permitted by the
notification issued by the State Government, a transfer or
an assignment of a tenancy right will be illegal
tenants. They retained the right of transfer and, therefore, they should be held eligible to transfer their tenancy right and all of them fall into ... statutory tenancy amounts to surrender of tenancy right and the tenancy right is always considered to be a capital asset, that the transfer of such
tenants. They retained the right of transfer and, therefore, they should be held eligible to transfer their tenancy right and all of them fall into ... statutory tenancy amounts to surrender of tenancy right and the tenancy right is always considered to be a capital asset, that the transfer of such
after termination of tenancy became a statutory tenant could not have effected a transfer of tenancy rights as it is well settled that a statutory ... consideration in the present case is whether a statutory tenancy can transfer his tenancy rights as a going concern under the proviso to section
account of premium received against transfer of tenancy rights
considering the receipts as "Capital receipts" ignoring the fact that the
assessee ... made on account of premium
received against transfer of tenancy right being in the nature of Revenue
receipt.
(ii). Disallowance
words 'a transferable right', reference to the position prevailing qua the rights of the tenant in the tenancy prior ... would be required to establish that he is holding a transferable right. Such transferable right as observed earlier, if examined in context to the provisions
