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Income from House Property

In case of all assessees, “Income from house property” shall be computed as under:

  1. In the case of Let Out Property [whether for residential purpose or for business purpose]

The annual value of any property shall be deemed to be

  1. The sum for which property might reasonably be expected to let from year to year or
  2. When property or any part of property is let, the annual rent received/receivable less unrealised rent or the sum as above, whichever is higher.
  3. Where property or part of it is let and was vacant for whole or part of year, and rent received/receivable less unrealised rent is less than the sum as per (i) above due to the vacancy, then the rent actually received/receivable.
  4. The annual value of the property (being building or land appurtenant thereto) to be considered as nil (for up to one year from the end of the financial year in which the certificate of completion of construction of the property is obtained from the competent authority) provided such property is held as stock-in-trade and not let during the whole or any part of the previous year.

Deduction shall be allowed as under:

Sl. No.

Nature of Deduction

Section

Limit/Condition

1

Municipal Tax, etc.

23(1) First proviso

Only if borne and paid by the owner.

2

Standard deduction

24 Clause (a)

30% of Annual Value.

3

Interest on borrowed capital

24 Clause (b)

Interest payable on capital borrowed for the purpose of acquisition, construction, repair, renewals or reconstruction only.

Preconstruction Interest

Interest for the period prior to acquisition or construction would be deductible in five equal instalments from the year of completion.

  1. In the case of one self-occupied house property

The annual value of a self-occupied house or part of such house shall be nil. Further deduction shall be allowable as under:

Nature of Deduction

Section

Limit/Condition

Interest on borrowed capital

24 Clause (b)

Rs. 2,00,000/- from A.Y. 2015-16 onwards, provided : (Rs. 1,50,000/- up to A.Y. 2014-15).

i. Property is acquired or constructed on or after 1-4-1999 and such acquisition or construction is completed within 3 years from the end of the financial year in which capital was borrowed. W.e.f A.Y. 2017-18 the period is increased to 5 years.

ii. A certificate from the lender certifying interest payable to him is furnished by the assessee.

In other cases, Rs. 30,000. Interest in excess of above may qualify for rebate u/s. 80C(2)(xviii) (Re : Krishnan Kuppuswami vs. ITO 74, taxmann 289) (Pune Trib.). No other deduction allowed in respect of one self-occupied property whose value is taken at NIL.

For A.Ys. 2014-15 , 2015-16 and A.Y. 2017-18 onwards, additional deduction is available to an individual for interest payable on housing loan – see section 80EE for further details 
Ref. App.

  1. In the case of more than one self-occupied house property
    Only one house according to assessee’s choice is treated as self-occupied and deduction mentioned in B will be allowed. In respect of all other houses, even though self-occupied, notional income as stated in A(i) above will have to be computed. In such cases, all deductions mentioned in ‘A’ would be available.
  2. Please refer page 71 for Set off and carry forward of losses.
  3. Property owned by co-owners – S. 26
    Where property consisting of buildings or buildings and lands appurtenant thereto is owned by two or more persons and their respective shares are definite and ascertainable, such persons shall not be assessed as an A.O.P. (Association of Persons) but the share of each person in the income from the property as computed u/ss. 22 to 25 (i.e., Income from house property) shall be included in his total income.
  4. Arrears of Rent – S. 25B (up to A.Y. 2016-17)
    Arrears of rent received in respect of let out property, if not charged to tax in earlier previous year, is taxable in the year of receipt after deducting 30% of such amount for repair, etc.
  5. Arrears of Rent and Unrealised Rent – S. 25A (w.e.f. A.Y. 2017-18)
    Arrears of rent received or unrealised rent received subsequently in respect of let out property, if not charged to tax in earlier previous year, is taxable in the year of receipt after deducting 30% of such amount for repair, etc., irrespective if the assessee is the owner of the property or not in the year of receipt of such arrears or unrealised rent.

 

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