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Doubt regarding income from house property

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This query is : Resolved

Hemant Sharma (Querist)

20 May 2019 If X has a Property oh which he has issued the power of attorney to Y. Rental Income from that property comes into Y's bank account and Payer deduct TDS on rent on the name of Y. Y declare such rental income into his Income Tax Return Under the Head "Income from House Property". My query is that-
1. Who will be the owner of the property as per charging section 22 under the head Income from house property of Income Tax Act, 1961 ?
2 In whose income this rental income will be included X or Y.

Kindly give your valuable suggestion.

Thanks & Regards

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)

21 May 2019 In my opinion Mr Y is not the legal owner of the property. as he is only a POA holder as such rental income should be shown in the name of Mr X.

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