Go AD-Free with CAclubindia Pro and Daily Mobile Updates. Subscribe Now!

Notional rent of all joint multiple properties of a couple

rajesh (other) (27 Points)

09 February 2019

I AM OWNING TWO FLATS.BOTH ARE IN JOINT NAMES WITH MY WIFE.WE BOTH ARE EARNING.CAN WE CLAIM ONE HOUSE EACH AS SOP

THERE WILL BE ANY NOTIONAL RENT APPLICABLE FOR THE PURPOSE OF TAXATIONS.

Reply
Follow
Share

5 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (195640 Points)
Replied 10 February 2019

In some particular cases its possible; e.g. first owner in both case different with second owner having nil share. Or each house property reflecting in each single BS.

rajesh (other) (27 Points)
Replied 10 February 2019

First name or second name has no significance.It is just joint regardless of sequence of names.

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (195640 Points)
Replied 11 February 2019

In that case the following judgement must be challenged in higher court.

Assistant Commissioner of Income-tax Vs Shri Suresh Verma (ITAT Delhi) ITA No. 3732 (Delhi) of 2010

Extract ...

"Issue for consideration is in relation to allowing deduction under sec. 54 of the Act in respect of the whole of the amount invested by the assessee in the purchase of residential house. The assessee purchased residential property at C-602, The Residency, Ardee City, Gurgaon in joint name with his wife Smt. Ritu Verma and claimed deduction under sec. 54 of the Act in respect of amount of Rs. 80,00,000/- invested in residential property. However, the AO restricted the deduction under sec. 54 to the extent of Rs. 40,00,000/- as the property was jointly held by the assessee with his wife.

The assessee had invested entire amount of Rs. 80,00,000/- in the new asset and the name of his wife Smt. Ritu Verma has been entered in the sale agreement just for the purpose of security reasons. Under sec. 64(1)(iv) subject to provisions of sec. 27(i), the income as arises directly or indirectly to the spouse of an individual from the assets transferred directly or indirectly to the spouse by such individual otherwise than for adequate consideration or in connection with the agreement to live apart shall be included in the income of such individual. Therefore, if the new asset as held by Mrs. Ritu Verma is let out and the income is earned, the same will be clubbed in the hands of the assessee. Further, sec. 27 also provides that where an individual who transfers otherwise than for adequate consideration any house property to his or her spouse, not being a transfer in connection with an agreement to live apart, or to a minor child not being a married daughter, shall be deemed to be the owner of the house property so transferred. Therefore, within the meaning of provision of sec. 27, the assessee will be the owner of the whole property and therefore, the income will be assessable in the hands of assessee. Once the assessee is owner, the capital gain, if any, on sale will be assessable in the hands of the assessee only.