Income from house property

Dear Proffessionals,

This is regarding filing of ITR. The background of the case is "I have booked an under construction flat in Noida on Feb, 2010. Then I have taken a bank loan for the said flat on August,2010 and got its possession on october, 2014. Then I rentout it on Nov, 2014. However, I have not shown the interest on housing loan in the ITR for the assesment years 2011-12, 2012-13, 2013-14 and 2014-15 ( I have filed ITR-1 and assumed that before getting possesion of the property I cannot claim the benfit of interest during these years and thus I have not declared the loss in the ITR). Also, the property is not registered because of some issues with the NGT and the authority."

Now, my question is

1. Is I can claim the benfit of HL interest of the pre construction period + the interest for the A.Y 2014-15 in the current assesment year?

OR

2. Is I can claim the benfit of HL interest as 20% of the pre construction period + the interest for the A.Y 2014-15 in the current assesment year?

3. I have to file ITR-2 or ITR-2A? ( I have only salary income and income from property).

Kindly advice.

Replies (3)

Pre-construction interest (PCI) is deductible in 5 equal instalments and the pre-construction period starts from the date of borrowing and ending on (a) March 31 immediately prior to the date of completion of construction/date of acquisition OR (b) Date of repayment of loan, whichever is earlier. So (assuming u have not repaid the loan), u can claim PCI from the date of borrowing till Oct 2014 in 5 equal instalments starting from FY 14-15. In addition, u can also claim deduction of interest payable from Nov to Mar 15 without any limit since u have let out the property. U also need to declare rental income from Nov to Mar15.

If the following conditions are satisfied (section 53A of Transfer of Property Act), u shall be the deemed owner (even though property is not registered):

  1. there is an agreement between the purchaser and the seller

  2. the purchaser has paid the consideration or s/he is ready to pay the consideration (not applicable in case of gift)
  3. the purchaser has taken the possession of the property.

If u have only one house property & salary income, then u can use ITR1. Alternatively, u can also use ITR2A.

 

 

 

Dear Poornima,

Thanks for your clarification.

I need one more clarification that the flat was booked on construction linked plan and ttarget='_blank' rel='nofollow' hrefore I have disbursed the loan in seven installments. Is it has any implication?

U mean to say loan was disbused by the lender in different instalments?....If so, thats okay.....u can calculate the interest for the relevant period to arrive at PCI

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