Income from house property

ITR 486 views 3 replies

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


CCI Pro

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