Income from house property

Abhishek Tripathi (CA IPCC STUDENT) (160 Points)

18 September 2011  

ITS TOO GOOD.....................:P

 

INCOME FROM HOUSE PROPERTY

 

COMPUTATION OF INCOME UNDER HOUSE PROPERTY

 

Gross Annual Value (GAV) ------

 

Less: Municipal Taxes (Paid by owner) -----

 

Less: Amount of Rent could not be realized -----

 

Net Annual Value (NAV) -----

 

Less: Section 24 Deduction

 

a. Standard Deduction (30% of NAV)

 

b. Interest on Loan on Borrowed Capital

 

-----

 

-----

 

Income chargeable for Tax under House Property -----

 

CACLULATION OF GROSS ANNUAL VALUE

 

Step -1

 

Municipal Rent Value Find out the Higer

 

between

 

Fair Rental Value

 

GROSS ANNUAL VALUE IN CASE OF VACANCY

 

Ø In Case of Vacancy Actual Rent is G.A.V

 

Step -3

 

Lower in Step-2

 

i.e

 

EXPECTED RENT

 

Find out the Higher

 

which is called

 

Gross Annual Value

 

Standard Rent As per

 

Rent control act

 

Step -2

 

Higher in step-1 Find out the lower

 

between which is

 

called

 

EXPECTED RENT

 

Standard Rent As per

 

Rent control act

 

 

 

* It is immaterial whether interest has been paid or not during p/y.

 

* Interest on interest and brokerage or commission paid for arrangement of loan is not

 

deductable.

 

* Ceiling of Rs 150000/Rs 30000 is not applicable on deemed let out property.

 

* If assessee let out his house to his employer, which in turn allots the same to him as rent

 

free accommodation, such house will not be treated as self-occupied for the above purpose,

 

because he is not occupied his own house in capacity of owner.

 

* Exp- loan was taken on 1-5-04 and construction was completed on 7-8-06, then a/y is 06-07

 

and p/y is 05-06. Accumulated interest would be from 1-5-04 to 31-3-06 means till last day of

 

p/y 05-06. 1/5 of such accumulated interest would be allowed for 5 successive f/y starting

 

from the year in which acquisition/construction was completed.

 

* Interest payable on fresh loans to repay the original loan is also deductable.

 

* Unrealized rent would be taxable on receipt, only if it was earlier allowed as deduction.

 

* A Resident “ A” is taxable under sec. 22 in respect of GAV of property in a foreign

 

Country BUT a Resident but not ordinarily Resident or a Non Resident is Chargeable u/s 22

 

in respect of HP in abroad provided if income is received in INDIA during the previous year

 

If There is Dispute on the Property then the current holder will be chargeable to tax

 

TREATMENT OF COMPOSITE PROPERTY

 

* When property is let out with other form of services (e.g. watchman, sweeper etc) -- Income

 

related to H.P is chargeable under H.P and income of other services is chargeable under other

 

sources.

 

* When property is let out with other assets such as AC, Car etc

 

* If other assets are inseparable from property (for e.g. AC) then whole amount would taxable

 

under PGBP

 

* If assets are separable from property (for e.g. car) then H.P income is chargeable under H.P

 

and other income is chargeable under PGBP/ Other Sources as the case may be.

 

Interest payable outside India will not be deductible if ………..

 

* Tax has not been paid or deducted from interest.

 

* There is no person in India who may be treated as an agent u/s 163 of the receipt for

 

such purpose.