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Receipt from rent of vacant land

Raj Thakkar (ARTICLE) (370 Points)

19 August 2019

In previous years if an assesse has shown receipt from rent of vacant land as income from house property which is wrong, and now in the current year if he shows it as IFOS which is right treatment then whether there will be any issue with respect to income tax department? Please guide

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12 Replies

vinay kumar (20 Points)
Replied 19 August 2019

what is done in the PY is wrong and correcting the same in the current is appreciable activity.

there is nothing wrong in that and there will no issue with the dept as well

Kapadia Pravin (17249 Points)
Replied 19 August 2019

The issuu may arise in respect of previous year for wrong claiming of 30% deduction for repairs from your rent income.

Raj Thakkar (ARTICLE) (370 Points)
Replied 19 August 2019

Thank you sir for your reply , here actually I am filing ITR for the current year by giving correct treatment but I am worried about the previous years in which wrong treatment has been made, whether there are any chances of getting notice from the income tax department for the earlier previous years? Kindly guide...

Kapadia Pravin (17249 Points)
Replied 19 August 2019

you take a call at that time only.

vinay kumar (20 Points)
Replied 19 August 2019

Sir,

may or may not be received.. We can't decide but once received you should react to it.

Raj Thakkar (ARTICLE) (370 Points)
Replied 19 August 2019

Thank you very much to all of you, should I continue to show that income as house property income? because in that case there are no chances of receiving notice... Kindly give your views please..

Kapadia Pravin (17249 Points)
Replied 19 August 2019

Better not to continue . This establishes your malafide intentions

Raj Thakkar (ARTICLE) (370 Points)
Replied 19 August 2019

Thank very much sir for your practical suggestions...

Suresh Thiyagarajan (Student) (3986 Points)
Replied 20 August 2019

1. It was right from your side to show the income from vacant land as a part of your "Income from House property". It would be prudent for you to show the correct treatment of such rental income from land and again not commit the same mistake.
2. There may be a possibility that the same might get the attention from the department side but that should not be the reason for you to again commit the same mistake.
3. Whatever you have done during the year is correct. Make sure you compute additional income tax payable if any on account of such misrepresentation and have an awareness that it does not deviate too much. However such misrepresentation normally happens and if the transactions are genuine it should not be a problem.
Please correct me if the above solution has an alternative view.

CA Krishna Kumawat (CA) (136 Points)
Replied 20 August 2019

What if I tell you that I visited that area and there is also a small room (enough to make it a house property) on that land. Due to which you treated this income as income from house property last year and you should do the same in this year.

Raj Thakkar (ARTICLE) (370 Points)
Replied 20 August 2019

Thank you very much to all of you for your replies, please help me with my one more query i.e. If assesse has given vacant plot on rent and tenant has made construction on that plot, then what will be the tax treatment for the amount received as rent?