concept wise analysis of previous examinations of …

CA Inter_39e_ Income Tax_Income from House Property ______________4.1

No.1 for CA/CWA & MEC/CEC MASTER MINDS

4.INCOME FROM HOUSE PROPERTYCONCEPT WISE ANALYSIS OF PREVIOUS EXAMINATIONS OF IPCC (THEORY)

No. Chapter / Concept Name ABC

M-09TOM-10

N-1

0

M-11TON-11

M-1

2

N-12TOM-13

N-1

3

M-1

4

N-1

4

M-1

5

N-1

5

M-1

6

N-1

6

M-1

7

N-1

7

1. CHARGING SECTION – 22 C - - - - - - - - - - - - - -2. EXCEPTIONS TO SEC.22 A - - - - - - - - - - - - - -3. DEEMED OWNER A - - - - - - - - - - - - - -4. CALCULATION OF GAV & NAV A - - - - - 8 - - - - - - - -

5. DEDUCTION OF MUNICIPALITYTAXES A - - - - - - - - - - - - - -

6. TYPES OF HOUSE PROPETIES A - - - - - - - - - - - - - -7. SELF OCCUPIED PROPERTY A - - - - - - - - - - - - - -8. LET OUT PROPERTY A - - - - - - - - - - - - - -9. DEEMED LET OUT PROPERTY A - - - - - - - - - - - - - -

10.NEITHER SELF OCCUPIEDPROPERTY NOR LET OUTPROPERTY OR UNOCCUPIED

B - - - - - - - - - - - -- -

11. PARTLY SELF OCCUPIED PROPERTY& PARTLY LET OUT PROPERTY A - - - - - - - - - - - - - -

12. TDS SEC – 25 C - - - - - - - - - - - - - -13. RECOVERY OF UOREALISED RENT C - - - 4 - - - - - - - - - -14. ARREARS OF RENT RECEIVED C - - - - - - - - - - - - - -15. DEDUCTIONS U/S – 24 A - - - - - - - - - - - - - -16. CO-OWNERSHIP SEC – 26 B - - - - - - - - - - - - - -

CONCEPT WISE ANALYSIS OF PREVIOUS EXAMINATIONS OF IPCC (PROBLEMS)

No. Chapter/Concept Name ABC

M-0

9

N-0

9

M-10TON-12

M-1

3

N-1

3

M-1

4

N-1

4

M-1

5

N-1

5

M-1

6

N-1

6

M-1

7

N-1

71. DEEMED OWNER A - - - - - - - - - - - - -

2. DEDUCTIONS UNDER SECTION-24 A - - - - - - - - - - - 4 -

3. CALUCULATION OF GAV & NAV A - - - - - - - - - - - - -

4. SELF OCCUPIED PROPERTY (SOP) A - - - - - - - - - - - - 5

5. LET OUT PROPERTY (LOP) A - - - 4 8 - - - - - - - -

6. DEEMED LET OUT PROPERTY (DLOP) A - - - - - - - - - - - - -

7. NEITHER SELF OCCUPIED PROPERTY ORLET OUT PROPERTY OR UNOCCUPIED B - - - - - - - - - - - - -

8. PARTLY SELF OCCUPIED PROPERTY &PARTLY LET OUT PROPERTY A - - - - - 8 - - - - - - -

9. CO-OWNERSHIP B - 6 - - - - - - - - - - -

10. CALUCULATION OF PCPI&CURRENT YEARINTEREST B - - - - - - - - 8 - - - -

SEC.’S TO BE REMEMBERED:Sec.24Sec.27

Deductions (Int., Repairs)Deemed Owner

AMENDMENTS IN THE FINANCE ACT, 2017 – Sec-23(5)


Ph: 98851 25025/26 www.mastermindsindia.com

1. CHARGING SEC.22The annual value of any property comprising of building or land appurtenant thereto(Attachedto building)for which the assessee is the owner (Owner may be any person, whether anindividual, HUF, firm, or company), is chargeable to tax under the head Income from HouseProperty.If the following three conditions are satisfied, Sec 22 is applicable:1. There should be a building or land attached to the building.2. Assessee should be the owner of the Building.3. Building should not be used for own business or Profession.For example: X owns a building. It is given on rent. Income of the property is taxable under“Income from house property”.Analysis:1) Building:

a) Section 22 is not confined only to the house property, but extended to all buildingswhether used as dwelling house or for any other purposes.

b) The manner in which the building is used by the assessee is not relevant.c) Building may take any form E.g., Cinema hall, an auditoriumd) Land Appurtenant there to a building consists of such portions of land that are taken to

be part and parcel of the building in order to enable the enjoyment of the possession ofsuch building. Therefore garden attached to the building, approaches road etc. formspart of the building. Hence its rental income will be taxable under income from houseproperty.

e) If a land is nowhere connected with the building, it would be taxable under the headPGBP or IOS as the case may be.

Note:(i) Residential Building – 4 walls having a roof(ii) Commercial Building – with or without roof

Examples:

Example Answercinema hall househut house (reason: mud wall is sufficient wall)stadium house (reason: roof is not necessary for commercial house)godown houseresidential house houseincomplete house not a houseruined house not a houseTit Bit 1: State whether vacant site lease rent is taxable under the head Income fromHouse Property? (IOS)

2) Ownership:a) Owner is the person who is entitled to receive income from the property in his own

right.b) The requirement of registration of the sale deed is not warranted.c) Ownership includes both free-hold and lease-hold rights.d) The person who owns the building need not also be the owner of the land upon which

it stands.e) The assessee must be the owner of the house property during the previous year. It is

not material whether he is the owner in the assessment year.



f) If the title of the ownership of the property is under dispute in a court of law, thedecision as to who will be the owner chargeable to income-tax under section 22 will beof the Income-tax Department till the court gives its decision to the suit filed in respectof such property.

EXCEPTIONS TO THE ABOVE RULE: (Deemed owner)i) 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.Note:a) The property being transferred must be a house property.b) Marriage must subsist as on the day of transfer of property as well as on the day of

accrual of income.c) If the property is transferred for adequate consideration, then Sec.27 is not

applicable.Examples: Mr. A transferred his house property to his spouse worth Rs.20 lakhs out of love

and affection. But after few days of transferring property they got divorced. In sucha case, property shall be taxed in the hands of Mr.A before the Divorce and afterthat it shall be taxed in the hands of his spouse.

Mr. P gave Rs.10 lakhs in cash to his spouse on their anniversary and shepurchased a house property from the given cash. Then such transfer of cash andthe subsequent purchase of house property shall not be covered by the provisionsof Sec.27. But the income from such property shall get clubbed in the hands ofMr.P as per the provisions of Sec.64(1)(iv).

ii) Holder of an impartible estate: A person who claims or exercises the managingrights over such property shall be deemed to be the owner and any income arises outof such property shall be taxed in his/her hands.E.g.: X is one of the Ex-Rulers. He has divided all his properties amongst his threesons. However, he could not transfer a building, which is occupied by a temple andwhich is given, as per family convention, to his eldest son (all the three brothers alongwith other family members have right to enjoy the benefit of the property; the eldestson holds the property as a trustee). The eldest son, as holder of “impartible estate”, isdeemed as owner of the property.

iii) Members of a co-operative society, company or other AOP to whom a building or apart thereof, is allotted or leased under a house building scheme.(**)Even though the ownership is with the society, still such rental income can be taxed inthe hands of the member, to whom it was allotted.A person acquiring any rights of a building, in relation to part performance of acontract, under Sec. 53A of the Transfer of Property Act.

iv) A person who acquires any right in respect of any building, by way of lease for at-least 12 years shall be deemed to be the owner of that building. (This does not coverany right by way of a lease from month to month or for a period not exceeding 1 year).Example: A transferred his property to B, under a lease agreement for a period of 8years together with renewal right for a further period of 4 years. Hence, in such a caseB shall be treated as the Deemed owner for the purpose of Sec.27. However, if suchright of renewal is for a further period of 2 years, then A shall be the owner and liable totax u/s.22.

** Section 53A of the Transfer of Property Act requires the following conditions:a) There is an agreement in writing between purchaser and seller.



b) The purchaser has paid the consideration or he is ready to pay the consideration.c) The purchaser has taken the possession of the property.E.g.: X enters into a written agreement to purchase a property from Y for Rs.25,00,000. Hehas paid the consideration and taken possession of property. The sale deed is yet to beregistered. He becomes deemed owner for the purpose of paying tax on rental incomealthough he is not the registered owner of the property.Tit Bit 2Legal Ownership itself is the criteria for assessment under the head income from houseproperty. (True/False) – False3) Building should not be used for own business or Profession

Property held as stock-in-trade etc. Annual value of house property will be charged underthe head “Income from house property” in the following cases also –a) Where it is held by the assessee as stock-in-trade of a business;b) Where the assessee is engaged in the business of letting out of property on rent.

4) House property held as stock-in-trade [Section 23(5)]:a) In some cases, property consisting of any building or land appurtenant thereto may be

held as stock-in-trade, and the whole or any part of the property may not be let outduring the whole or any part of the previous year.

b) In such cases, the annual value of such property or part of the property shall be NIL.c) This benefit would be available for the period up to one year from the end of the

financial year in which certificate of completion of construction of the property isobtained from the competent authority.

2. EXCEPTIONS TO SEC.22THE INCOME FROM BELOW PROPERTIES IS NOT CHARGEABLE TO TAX/ TAXABLEUNDER SOME OTHER HEADS:1. Building used for assessee’s own business / profession.

2. Where letting out is incidental to the business: For example - If the assessee makesavailable to the Government its accommodation for locating a branch of bank, post office,police station, central excise office, staff quarters etc. for carrying on its business efficientlyand smoothly, rent collected, being incidental to the assessee’s business, is not taxable as“Income from house property” but taxable as business income.

3. Cases where income from house property is exempt from tax.

No. Section Particulars1. 10(1) Income from any farm house forming part of agricultural income.2. 10(19A) Annual value of any one palace in the occupation of an ex-ruler.3. 10(20) Income from house property of a local authority.4. 10(21) Income from house property of an approved scientific research

association.5. 10(23C) Property income of universities, educational institutions, etc.6. 10(24) Property income of any registered trade union.7. 11 Income from house property held for charitable or religious purpose.8. 13A Property income of any political party.9. 22 Property used for own business or profession10. 23(2) One self-occupied property of an individual/HUF

(Teach problem No.1 of classroom discussion)



Tit Bit 3: X let out his property to Y. Y sublets it. How is sub-letting receipt to be assessed inthe hands of Y?

Tit Bit 4: Y has built a house on a leasehold land. He has let out the property and claims thatthe income there from is chargeable under the head “Income from other sources”. He hasdeducted expenses on repairs, security charges, insurance and collection charges in allamounting to 40% of receipts. Is Mr. Y’s claim valid?

Tit Bit 5: Z uses his property for his own business. Would the annual value be subject to taxunder the head “Income from house property”?

3. COMPUTATION OF GROSS & NET ANNUAL VALUECOMPUTATION OF GROSS ANNUAL VALUE (GAV): The gross annual value of a houseproperty will be calculated as per the following three steps –

Step1: Expected Rent (ER) [Sec. 23(1)(a)]:

Compare Fair Rent and Municipal Valuation and select the Higher.

Compare the rent so selected with the standard rent and the lower of the two shall beconsidered to be Expected rent. (It is also called as Annual Letting Value)

Note:a) Even if the property is vacant for a part of year, M.V/F.R is to be computed for full year.

b) Where the house property came into existence only during the previous year, the annualvalue shall be computed only for the period for which the house was existed.

Some Glossary:-

M.V – Municipal Value is the Value assessed by the local municipal authorities for propertytaxes computation.

F.R – Fair Rent is the rent fetched by a similar property in the same locality or any otherlocality with same facilities.

S.R – Standard Rent is the maximum rent that can be recovered from the tenant under theRent Control Act.

Tit Bit 6: Find out Expected Rent for the following:

Particulars Case 1 Case 2 Case 3 Case 4 Case 5 Case 6M.V 45 60 75 88 52 40F.R 36 55 70 93 64 30S.R NA 53 94 96 44 29Ans

Step2: If Actual Rent Received or Receivable (ARR) exceeds Expected Rent (ER) [Sec.23(1)(b)]:Compare Expected rent with Rent received or Receivable and the Higher shall be consideredto be Gross Annual Value

Notes:1. This step is applicable only when the property or any of its part has been let out during any

part of the previous year.

2. Actual rent receivable/received (ARR):Actual Rent = Rent Receivable – Unrealised Rent

3. Unrealised Rent:Unrealised rent refers to the rent payable but not paid by the tenant and which the owneris also not able to realize from the tenant.



As per Rule 4 the unrealised rent can be reduced from the actual rent if: (M12 - 4M)a) The tenancy is bona fide;

b) The defaulting tenant has vacated or steps for the same are taken;

c) He is not in occupation of assessee’s any other property; and

d) The assessee has taken steps for the recovery of the unpaid rent.

Step3: Actual rent received/receivable (ARR) is less than Expected Rent (ER) [Sec.23(1)(c)]:Gross Annual Value (GAV) = Actual Rent Received/Receivable.(a) The above Clause shall apply only when the actual rent received or receivable is less than

the Expected rent due to vacancy but not for any other reason.(b) If property is ready to be let, but could not actually be let throughout the previous year, this

clause is applicable and GAV in such a case is NIL.

Illustration 1: Computation of Gross Annual Value: Determine Gross Annual Value infollowing cases-

Particulars House 1(Rs.)

House 2(Rs.)

House 3(Rs.)

House 4(Rs.)

House 5(Rs.)

Fair Rent (FR)Municipal Value (MV)Standard Rent (SR)House Rentals (P.m.)Let out period (in months)Unrealised Rent (Rule 4)

1,00,0002,00,0001,50,00020,000

12NIL

1,50,0003,00,0004,00,00030,000

5NIL

4,00,0005,04,000

-50,000

654,000

6,00,0003,00,0002.00,00015,000

7NIL

4,00,0006,00,000

-60,000

1090,000

Solution: Computation of Gross Annual Value

Particulars House 1 House 2 House 3 House 4 House 5Actual Rent Received/Receivable(ARR)[Actual Rent – UnrealisedRent]

2,40,000 1,50,000 2,46,000 1,05,000 5,10,000

Step I: Expected Rent = Higher ofFR or MV subject to maximum ofSR

1,50,000 3,00,000 5,04,000 2,00,000 6,00,000

Step II: If ARR exceeds ER, GAV= ARR 2,40,000 NA NA NA NA

Step III: If ARR is less than ERdue to vacancy, GAV = ARR(See Note below)

NA 1,50,000 2,46,000 NA 510,000

Gross Annual Value 2,40,000 1,50,000 2,46,000 2,00,000 5,10,000

Note: Test for applicability of Sec.23(1)(c):Particulars House 2 House 3 House 4 House 5

Actual Rent Received / Receivable (ARR) 1,50,000 2,46,000 1,05,000 5,10,000Add: Rent for vacancy period 2,10,000

(7x30,000)3,00,000

(6x50,000)75,000

(5x15,000)1,20,000

(2x60,000)ARR (If there is no Vacancy) 3,60,000 5,46,000 1,80,000 6,30,000Expected Rent 3,00,000 5,04,0000 2,00,000 6,00,000If ARR (if there is no Vacancy) exceedsER, then ARR is less than ER due tovacancy.Otherwise ARR is less than ER notdue to vacancy

Due tovacancy

Due tovacancy

Not due tovacancy

Due tovacancy



4. COMPUTATION OF NAV1. Deduction is given in respect of Municipal taxes (Like property taxes, water taxes etc.)

subject to the following 2conditions:

a) It should be borne by the assessee&

b) It should be actually paid during the previous year (i.e. allowed on cash basis).

Tit Bit 7Ram owned a house property at Chennai which was occupied by him for the purpose ofhis residence. The corporation tax payable in respect of PY’s 2016-17, 2017-18, 2018-19amounts to Rs.3000, Rs.2000 and Rs.5000 respectively. In respect of the PY 2017-18Corporation taxes was Rs.2,000 of which 50% was paid by him before 31.3.2018. Explainthe treatment of the Corporation Tax?

2. If property taxes for a particular previous year are not paid during that year, no deductionshall be allowed for that year. However, if in a later year if they are paid, then it shall beallowed as deduction for that later year i.e. municipal taxes, etc paid during the previousyear are allowable even if they relate to past years or future years.

3. In case municipal taxes paid are more than GAV, NAV, could be negative.

4. Even where the property is situated outside the country, taxes levied by localauthority in that country are deductible.Illustration 2: Rajesh, a British national, is a resident and ordinarily resident in Indiaduring the P.Y.2017-18. He owns a house in London, which he has let out at £ 10,000 p.m.The municipal taxes paid to the Municipal Corporation of London are £ 8,000 during theP.Y.2017-18. the value of one £ in Indian rupee to be taken at Rs.82.50.Compute Rajesh’staxable income for the A.Y. 2018-19. (SM)Solution:

Computation of Income from house property of Mr. Rajesh for A.Y.2018-19

Particulars RsGross Annual Value (£ 10,000 × 12 × 82.50) 99,00,000Less: Municipal taxes paid (£ 8,000 × 82.50) 6,60,000Net Annual Value (NAV) 92,40,000Less: Deduction under section 24(a) 30% of NAV = 30% of Rs. 92,40,000

27,72,000

Income from house property 64,68,000

5. DEDUCTIONS U/S 24Only 2 deductions (as given in Sec.24) are available in computation of income under this head.Therefore no deduction can be claimed in respect of expenses which are not specified in Sec.24.1. Repairs & Collection Charges: [Sec. 24(a)]

a) 30% of NAV is allowed as deduction to cover repairs and collection charges,irrespective of the actual expenditure spend by the assessee.

b) This deduction is allowed even if no expenditure is incurred by the assessee.c) Assessee can avail this deduction even if tenant undertakes to do the repairs.

2. Interest on Loans:[Sec. 24(b)]a) This deduction is available on “accrual” basis.b) Purpose of borrowing:

Interest payable on loan borrowed for the purpose of

NAV = GAV - Municipal Taxes paid



i) Purchase,

ii) Construction,

iii) Renovation,

iv) Repairing and

v) Reconstruction can be claimed as deduction.c) Deduction for interest is given in two parts -Current year interest & Pre - Construction

period interest.Pre-construction period interesti) Pre-construction period shall starts from the date of borrowing and shall end on 31st

march of the year preceding to the year in which the building comes into existence.However if the loan is repaid before the Building comes into existence, then preconstruction period shall end on the date of repayment of loan.

ii) The deduction of pre-construction period interest is allowed in 5 Equal Installmentsfrom the previous year in which Building comes into existence.

iii) If the Building comes into existence in the year of availing the loan, then there is nopre construction period interest.

Post- Construction period interesti) The post construction period always starts from the previous year in which building

comes into existence. Where the loan is repaid before the building comes intoexistence, post construction period does not exist.

ii) The deduction is allowed every financial year from the year the building comes intoexistence.

iii) Interest related to year of completion of construction can be fully claimedirrespective of completion date.

Tit Bit 8: Mr. Kalpesh borrowed a sum of Rs.30 lakhs from the National Housing Banktowards purchase of a residential flat. The loan amount was disbursed directly to the flatpromoter by the bank. Though the construction was completed in May, 2018, repaymentstowards principal and interest had been made during the year ended 31.3.2018.In the light ofthe above facts, state Whether Mr. Kalpesh can claim deduction under Section 24 in respectof interest for the assessment year 2018-19? (Ans.:-NO)

Illustration 3: The assessee took a loan of Rs.1,00,000 on 1-4-15 from a bank for constructionof a house on a piece of land he owns in Delhi. The loan carries an interest @ 20% per annum.The construction is completed in 15-06-17. The entire loan is still outstanding as on 31.3.2018.Compute the interest allowable for the A.Y. 2018-19.

Solution: Interest for the year (1.4.2017 to 31.3.2018) = 20% of Rs.1,00,000 = Rs. 20,000

Pre-construction interest is 20% of Rs.1,00,000 for 2 years (from 1.4.2015 to31.3.2017)amounts to Rs.40,000.Pre-construction interest to be allowed in 5 equal annualinstallments of Rs.8,000 from the year of completion of construction i.e. in this case, P.Y.2017-18.Therefore, total interest deduction under section 24 is Rs. 28,000 (Rs.20,000+Rs.8000).

1. LIMITS APPLICABLE IN RESPECT OF DEDUCTION - SELF OCCUPIED/UNOCCUPIEDPROPERTIES:

Where the property has been acquired, constructed, repaired,renewed or reconstructed with borrowed capital before01.04.1999

Actual Interest payablesubject to maximum ofRs.30,000.

Where the property is acquired or constructed with capitalborrowed on or after 01.04.1999 and such acquisition orconstruction is completed within 5 years from the end of thefinancial year in which the capital was borrowed.

Actual interest payablesubject to maximum ofRs.2,00,000**.



Where the property is repaired, renewed or reconstructed withcapital borrowed on or after 01.04.1999

Actual interest payablesubject to a maximum ofRs.30,000.

**The assessee shall obtain a certificate from the lender that the Loan amount has beenutilized for the specified purpose (as mentioned in the Loan Agreement)

2. Limits NOT applicable for Let out property/ Deemed let out property: Any amount ofinterest is allowable as deduction in respect of such house properties.

3. If a fresh loan has been raised to repay the original loan, the interest payable in respect ofthe second loan would also be admissible.

4. Interest on interest is not deductible. Any interest paid on outstanding amount of interest,will not be allowed as deduction.(Generally Penal Interest)

5. This deduction is subject to Sec.25 in some cases.

6. No deduction is allowed for any brokerage or commission for arranging the loan.

7. Interest includes commitment charges [CC].

8. For principle repayment of loan, deduction U/S 80C is available.

a) This deduction is available on payment basis only

b) This deduction is available only if construction of property was completed and incomeof that property is chargeable under I.F.H.P. (to be Discussed at Chapter VIA-deductions)

Tit bit 9

Loan 1 Loan 2Purpose of loan Construction Renovation /

RepairsDate of borrowing 01.06.2014 01.06.2014Date of completion 09.01.2017 NASituation 1 Interest on borrowed capital Nil 40,000Situation 2 Interest on borrowed capital 2,30,000 NilSituation 3 Interest on borrowed capital 70,000 35,000Situation 4 Interest on borrowed capital 2,05,000 45,000

(Ans.: 30,000; 2,00,000; 1,00,000; 2,00,000.)

Issue: Mr. A purchases a house property from Mr. B for Rs. 10,00,000. Mr. A has paid only 50% of the purchase price to Mr. B. Mr. B agreed for treating the balance purchase price as loanto Mr. A. Can Mr. A claim the interest paid to B as deduction?

Solution: Yes, he can claim and it qualifies for deduction in the computation of Income fromsuch property. [CIT Vs. R.P. GOENKA & J.P. GOENKA]

Note:_________________________________________________________________________________________________________________________________________________

6. ANNUAL VALUE OF A SELF-OCCUPIED HOUSE PROPERTY [Section 23(2) To 23(4)]a) SELF - OCCUPIED PROPERTY [SEC. 23(2)]: IN THE FOLLOWING CASES, THE NET

ANNUAL VALUE IS TAKEN TO BE NIL –

i) Where the property is self-occupied; or

ii) Such property cannot be self-occupied because of assessee’s business or professionor employment, he stays in another place in a rented premises.



Important points:

Since in these cases annual value of the property is taken to be NIL, the municipaltaxes paid by the owner of the house need not be considered.

Exemption of self-occupied is available only if the house property is occupied by theowner himself for the purposes of his residence.

If the house property is occupied by relatives of owner for the purposes of theirresidence, benefit of self-occupation will not be available.

Similarly, where the assessee let out his house to his employer and the employerallotted the house to the assessee as rent-free quarters, the benefit of allowance forself-occupation u/s 23(2) would not be available to the assessee.

b) Withdrawal of Exemption of Self-Occupied [Section 23(3)]: The exemption undersection 23(2) in case of self-occupied property shall not apply if,-

i) Such house or part thereof is actually let during the whole or any part of the previous year; or

ii) Any other benefit there from is derived by the owner

If exemption doesn’t apply: When exemption of self-occupied doesn’t apply then, theannual value of house property is to be computed as per Section 23(1), as if the propertyis not self-occupied.

c) Two or more Self-Occupied Houses [Section 23(4)]: Where the self occupied houseproperty referred to under section 23(2) consists of more than one house, then, -

i) Any one to be treated as self occupied: Annual Value (NAV) of any one such house asspecified by the assessee shall be taken to be NIL. This option may be changed fromyear to year.

ii) Others to be treated as deemed let out: The annual value of the other house(s) shallbe determined as per Section 23(1) as if such house(s) had been let out.

Note:_________________________________________________________________________________________________________________________________________________

7. TYPES OF HOUSE PROPERTIESI. SELF OCCUPIED PROPERTY (In brief):***

Particulars AmountNet Annual Value NilLess: Interest on borrowed capital u/s.24(b) XXX (To the maximum of Rs.30000 or Rs.200000 as the case may be) Income from house property (XXX)

Note: Standard deduction u/s.24(a) shall always be Nil, hence need not to be mentioned.

(Teach Problem No.2, 3 of classroom discussion.)

II. LET OUT PROPERTY - SEC.23(1):Format to determine taxable Income from let out property:

Net Annual Value XXX (Gross annual value – Municipal taxes paid)

(-) Deductions U/s. 24 XXX

Income from House Property XXXCopyrights Reserved

To MASTER MINDS, Guntur



III. DEEMED LET OUT PROPERTY: Where the assessee owns more than one house property for hisself-residence for whole year and he derives no other benefit from such property, then onehouse property according to his choice, is treated as SOP for residence and the remainingproperty is treated as deemed to be let out property whose GAV is taken as expected rent.

i) Generally the property, whose expected rent is maximum, will be taken as SOP forresidence. However choice should be such that tax liability comes out to be minimum.

ii) Where the assessee owns more than one house property and uses one of the houseproperties for his self-residence for whole year and the other house properties areused by his/ her family members, then the house property used by the assessee, istreated as SOP for residence and the remaining properties is treated as deemed to belet out properties whose GAV is taken as expected rent.

iii) All deductions permissible to a let-out property would be allowable in case of a“deemed to be let out” property.

Procedure for computation: This is similar to LOP but subject to certain modifications:a) Fair rent has to be adopted as gross annual value. However if standard rent is fixed for

that property, then fair rent cannot exceed the standard rent. (The question ofconsidering actual rent does not arise. Consequently, no adjustment arises on accountof property remaining vacant or on account of unrealisable rent).

b) Municipal taxes actually paid can be claimed as deduction.c) Both the deductions U/s.24 are available.d) Interest can be claimed as deduction without out any ceiling limit.

(Teach Problem No.4 of Classroom discussion)IV. NEITHER SELF OCCUPIED NOR LET OUT PROPERTY OR UNOCCUPIED PROPERTY: Same as (I) above***V. PARTLY SELF OCCUPIED & PARTLY LET OUT OR PART OF YEAR S.O.& PART OF THE YEAR L.O.:

Case 1: House property - A portion let-out and a portion self-occupied:a) That part of a property which is let out shall be computed separately under the ‘let out

property’ category and the other part which is self occupied shall be computed under the‘self occupied property’ category (i.e. treatment shall be given as if there are 2 separateproperties).

b) Municipal valuation or F.R., if not given separately, shall be apportioned between thelet out portion & self-occupied portion either on plinth area or built-up floor space etc.

c) Similarly, where, in a building, the ground floor is let-out and the first floor is self-occupied, income from the ground floor is to be computed as LOP and income from thefirst floor is to be computed as SOP as if each such floor is an independent property.

d) Interest expenditure relating to the let out floor can be claimed fully and the interestrelating to the self-occupied floor can be allowed up to Rs. 30,000/ 2,00,000.

e) Property taxes if given on a consolidated basis can be bifurcated on a reasonablebasis like floor area or annual value.

f) The principle applicable to SOP equally applies to unoccupied property.Case2: House property - let out for part of a year & self-occupied for part of a year:a) If a single unit of property (house, flat or apartment) is self-occupied for few months

and let out for the other months then fair rent of the property for the whole year shall betaken into account for determining the annual value (i.e. the period for which theproperty is self- occupied shall also be taken as let out).

b) The fair rent for the whole year shall be compared with the actual rent and whichever ishigher shall be adopted as the annual value. In this case, the actual rent shall be therent for the period for which the property was let out during the previous year.

c) Even in such a case, property taxes and interest on loan for the whole year shall beallowed as deduction.

(Teach problem No.5,6,7,8,9 &10 of Classroom discussion)



8. TAX DEDUCTED AT SOURCE - SEC.25According to Sec. 25, Interest on loan payable outside India shall not be allowed as deduction,unless T.D.S. is made or tax is duly paid.

9. TAXABILITY OF RECOVERY OF UNREALISED RENT & ARREARS OF RENT RECEIVEDU/S 25A(M12- 4M)

a) Unrealised Rent means the amount of rent received in arrears from a tenant or theamount of unrealised rent realised subsequently from a tenant.

b) Unrealised rent is deducted from actual rent in determination of annual value U/S.23,subject to fulfillment of conditions under Rule 4. Subsequently, when the amount isrealized, it gets taxed under section 25A (1) in the year of receipt.

c) If the assessee has increased the rent payable by the tenant and the same has been indispute and later on the assessee receives the increase in rent as arrears, such arrears isassessable under section 25A(1)

d) As per new section 25A (1), the amount of rent received in arrears from a tenant or theamount of unrealised rent realised subsequently from a tenant by an assessee shall bedeemed to be income from house property in the financial year in which such rent isreceived or realised, and shall be included in the total income of the assessee under thehead “Income from house property”, whether the assessee is the owner of the property ornot in that financial year.

e) New section 25A (2) provides a deduction of 30% of arrears of rent or unrealised rentrealised subsequently by the assessee.

Summary of New Section 25A

Arrears of Rent / Unrealised Rent

i) Taxable in the year of receipt/realisation

ii) Deduction@30% of rent received/realised

iii) Taxable even if assessee is not the owner of the property in the financial year ofreceipt/realisation.

Tit Bit 10: Ms. Lena received Rs.30,000 as arrears of rent during the P.Y. 2017-18.How muchamount would be Taxable u/s.25A?

Tit Bit 11: Mrs. Vidya received Rs.90,000 in May, 2017 towards recovery of unrealised rent,which was deducted from actual rent during the P.Y. 2016-17 for determining annual value.How much amount would be Taxable u/s.25A?

Illustration 4: Mr. Anand sold his residential house property in March, 2017.

In June, 2017, he recovered rent of Rs. 10,000 from Mr. Gaurav, to whom he had let out hishouse for two years from April 2010 to March 2012. He could not realise two months rent ofRs. 20,000 from him and to that extent his actual rent was reduced while computing incomefrom house property for A.Y.2012-13.

Further, he had let out his property from April, 2012 to February, 2017 to Mr. Satish. In April,2014, he had increased the rent from Rs. 12,000 to Rs. 15,000 per month and the same was asubject matter of dispute. In September, 2017, the matter was finally settled and Mr.Anandreceived Rs. 69,000 as arrears of rent for the period April 2014 to February, 2017.

Would the recovery of unrealised rent and arrears of rent be taxable in the hands of Mr.Anand, if so in which year? (RTP - M17)



SolutionSince the unrealised rent was recovered in the P.Y.2017-18, the same would be taxable in theA.Y.2018-19 under section 25A, irrespective of the fact that Mr. Anand was not the owner ofthe house in that year. Further, the arrears of rent were also received in the P.Y.2017-18, andhence the same would be taxable in the A.Y.2018-19 under section 25A, even though Mr.Anand was not the owner of the house in that year. A deduction of 30% of unrealised rentrecovered and arrears of rent would be allowed while computing income from house propertyof Mr. Anand for A.Y.2018-19.

Computation of income from house property of Mr. Anand for A.Y.2018-19

Particulars Rs.(i) Unrealised rent recovered 10,000(ii) Arrears of rent received 69,000

79,000Less: Deduction@30% 23,700Income from house property 55,300

10. CO-OWNERSHIP - SEC.26(FOR STUDENTS SELF STUDY)

a) Where the house property owned by the co-owners is self occupied by each of the co-owner, the annual value of the property for each of such co-owner shall be nil and each ofthe co-owner shall be entitled to the deduction of Rs. 30,000/2,00,000 under Sec.24 onaccount of interest on borrowed money.

b) Where the property which is owned by co-owners is let out, the income from such propertyor part thereof shall be first computed as if this property/part is owned by one owner andthereafter the income so computed shall be apportioned amongst each co-owner as pertheir share.

Tit Bit 12Ganesh and Rajesh are co-owners of a self-occupied property. They own 50% share each.The interest paid by each co-owner during the previous year on loan (taken for acquisition ofproperty during the year 2004) is Rs.2,05,000. What is the amount of allowable deduction inrespect of each co-owner? (SM) (Ans.:Rs.2,00,000)

(Teach problem No.11,12 of Classroom discussion)

11. COMPOSITE RENT(FOR STUDENTS SELF STUDY)

The said composite rent can fall under 2 categories:

1. Property + Facilities: Composite rent on account of rent for the property and servicecharges for various facilities provided along with the house like lift, water, electricity, airconditioning etc.

a) In this case such composite rent may be split up and the portion of rent attributable to thehouse property shall be assessable as “Income from House Property”.

b) The other portion of the rent attributable for rendering services shall be assessable as“Income from Other Sources”.

2. Property + Machinery: Composite rent on account of rent for the property and the hirecharges of machinery, furniture etc.

a) In this case if the letting of the property is separable from the letting of the otherassets, then the portion of the rent attributable to the letting of the premises shall beassessable as “Income from House Property” and the other portion of the compositerent attributable to the letting of the other assets shall be assessable either as “Profitsand Gains of Business or Profession” or “Income from Other Sources”.



b) If the letting of the property is inseparable from the letting of other assets likemachinery, furniture etc. the entire income would be taxable as “Profits and Gains ofBusiness or Profession” or Income from Other Sources”.

12. PROPERTIES WHICH ARE USED FOR AGRICULTURAL PURPOSES(FOR STUDENTS SELF STUDY)

If the property is used for agricultural purposes, the annual value of such property would betreated as “Agricultural Income” and it is exempt under section 10(1) of the Act. However, ifthe house property is used for purpose other than agriculture the annual value of suchproperty cannot be treated as agricultural income.

PROFORMA OF COMPUTATION OF INCOME FROM HOUSE PROPERTYParticulars Amount

Computation of GAVStep 1 Compute ER

ER = Higher of MV and FR, but restricted to SRStep 2 Compute Actual rent received/receivable

Actual rent received/receivable less unrealized rent as perRule 4

Step 3 Compare ER and Actual rent received/receivableStep 4 GAV is the higher of ER and Actual rent received/

receivableGross Annual Value (GAV) ALess: Municipal taxes (paid by the owner during the previous

year)B

Net Annual Value (NAV) = (A-B) CLess: Deductions u/s 24

(a) 30% of NAV D(b) Interest on borrowed capital(actual without any ceiling limit) E

Income from house property (C-D-E) F

PROBLEM 1: (PRINTED SOLUTION AVAILABLE) Mr. Rahul Jadav furnishes the followingparticulars relating to his house properties and other incomes and expenditure for the year 2017-18

i) First house: this house is taken by him on lease for 10 years which is let to a tenant, forhis residence, at a monthly rent of Rs. 2,400.

He has incurred the following expenses during this year:

Lease rent Rs. 1000 per month

Salary of Durban: Rs. 200 per month

Interest on loan taken to pay for the acquisition of the lease Rs. 200 per month

ii) Second house: This house was constructed by him in 1990, but was transferred to hiswife in 1995 out of love and affection. He, however, continues to stay in this house with hiswife till date, he has taken a loan for the construction of this house for which interest ofRs.6000 becomes due for the year, but had not been paid by him. He has paid repairexpenses of Rs. 1000 during the year.

iii) Taxable income from business for this year amounts to Rs. 64000. Compute gross totalincome of Mr. Rahul jadav for the assessment year 2018-19.

(Ans: Gross total income-70,000)

PROBLEMS FOR CLASSROOM DISCUSSION



PROBLEM 2: R borrowed a sum of Rs.3,00,000 on 1-6-2009 on interest @ 12% p.a. toconstruct house property in Delhi. As the house property was still under construction, heborrowed another sum of Rs.2,00,000 on 1-4-2010 @ 12% p.a. The property was completedon 31-8-2010 and it was self-occupied w.e.f. 1-9-2010. The fair rent of the house is Rs.10,000p.m. R paid Rs. 2,000 as insurance premium for insuring the house property. Compute theincome under the head income from house property for the A.Y.2018-19.

(Ans.: Loan 1 – PCPI is 0 and Current year interest is 36,000 and Loan 2 – PCPI is 0 and current yearinterest is 24,000. Total interest is 60,000 and IFHP = (60,000)).

Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 3: (PRINTED SOLUTION AVAILABLE) Poorna has one house property at IndiraNagar in Bangalore. She stays with her family in the house. The rent of similar property in theneighbourhood is Rs 25,000 p.m. The municipal valuation is Rs. 23,000 p.m. Municipal taxespaid is Rs. 8,000. The house was constructed in the year 2011 with a loan of Rs. 20,00,000taken from SBI Housing Finance Ltd. The construction was completed on 30.11.2013. Theaccumulated interest up to 31.3.2013 is Rs. 1,50,000. During the previous year 2017-18,Poorna paid Rs. 2,40,000 which included Rs. 1,80,000 as interest. Compute Poorna’s incomefrom house property for A.Y. 2018-19. (SM) (Ans: IFHP = (2,00,000))

Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 4: Ganesh has two houses, both of which are self-occupied. The particulars of thehouses for the P.Y. 2017-18 are as under.

Particulars House I House IIMunicipal valuation p.a. 1,00,000 1,50,000Fair rent p.a. 75,000 1,75,000Standard rent p.a. 90,000 1,60,000Date of completion 31-3-1999 31-3-2001Municipal taxes paid during the year 12% 8%Interest on money borrowed for repair of property duringthe current year

- 55,000

Compute Ganesh’s income from house property for A.Y. 2018-19 and suggest which houseshould be opted by Ganesh to be assessed as self-occupied so that his tax liability isminimum.

(Ans.: Option 1- house 1 is SOP IFHP = 0, House 2 is DLOP IFHP =48600 and Option 2 – House 1 is DLOPIFHP = 54600 , House 2 is SOP IFHP = (30,000). IFHP in option 2(24600) is low when compared to option 1

(48600) i.e. House 1 = DLOP and House 2 = SOP)(SM) (Solve problem No.1 of Assignment problem as rework)

Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 5: (PRINTED SOLUTION AVAILABLE) Ganesh has a property whose municipalvaluation is Rs.2,50,000 p.a. The fair rent is Rs.2,00,000 p.a. and the standard rent fixed bythe Rent Control Act is Rs.2,10,000 p.a. The property was let out for a rent of Rs.20,000 p.m.However, the tenant vacated the property on 31.1.2018. Unrealised rent was Rs.20,000 andall conditions prescribed by Rule 4 are satisfied.

He paid municipal taxes @8% of municipal valuation. Interest on borrowed capital wasRs.65,000 for the year. Compute the income from house property of Ganesh for A.Y.2018-19.

(SM) (Ans.: IFHP = 47,000)

Note:_________________________________________________________________________________________________________________________________________________



PROBLEM 6: (PRINTED SOLUTION AVAILABLE) Smt. Rajyalakshmi owns a house propertyat Adyar in Chennai. The municipal value of the property is Rs. 5,00,000, fair rent is Rs.4,20,000 and standard rent is Rs. 4,80,000. The property was let-out for Rs. 50,000 p.m. up toDecember 2017. Thereafter, the tenant vacated the property and Smt. Rajyalakshmi used thehouse for self-occupation. Rent of the months of November and December 2017 could not berealized in spite of the owner’s efforts. All the conditions prescribed under rule 4 are satisfied.She paid municipal taxes @ 12% during the year. She had paid interest of Rs. 25,000 during theyear for amount borrowed for repairs for the house property. Compute her income from houseproperty for the A.Y. 2018-19. (SM)

(Ans.: GAV = 4, 80,000, Interest on Loan = 25,000 and IFHP = 2,69,000)Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 7: R has a house property situated in Delhi which consists of two units. Unit A has60% floor area, where as Unit B has 40% floor area. Unit A was self occupied by R for 8months and w.e.f. 1-12-2017, it was let out for Rs.10,000 p.m. Unit B was also meant for self-occupation but it was also let out w.e.f.1-10-2017 for Rs.8,000 p.m. Other particulars:

Municipal taxes paidInsurance premiumInterest on money borrowed

40,0004,000

20,000

Compute income from house property for the assessment year 2018-19.(Ans: Unit A - GAV = 1,20,000, interest on loan = 12,000 and IFHP = 55,200 and Unit B – GAV = 96,000,

interest on loan = 8,000 and IFHP = 48,000 )Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 8: (PRINTED SOLUTION AVAILABLE) Mr. Vikas owns a house property whoseMunicipal Value, Fair Rent and Standard Rent are Rs. 96,000, Rs. 1,26,000 and Rs. 1,08,000(per annum), respectively. During the Financial Year 2017-18, one-third of the portion of thehouse was let out for residential purpose at a monthly rent of Rs. 5,000. The remaining two-third portion was self occupied by him. Municipal tax @ 11 % of municipal value was paidduring the year. The construction of the house began in June, 2010 and was completed on 31-5-2013. Vikas took a loan of Rs. 1,00,000 on 1-7-2010 for the construction of building. He paidinterest on loan @ 12% per annum and every month such interest was paid.Compute income from house property of Mr. Vikas for the Assessment Year 2018-19.

(MTP-M17)(SM)(Ans. IFHP 20,936)Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 9: Mr. X owns a house in Delhi. During the previous year 2017-2018, 3/4th portionof the house was self-occupied for full year and 1/4th portion was let out for residentialpurposes from 1-4-2017 to 31-12-2017 on a rent of Rs.700 p.m. From 1-1-2018 this portionwas also used for own residence. Municipal valuation of the house is Rs.20,000. He incurredthe following expenditure in respect of the house property: Municipal taxes due Rs.6,000;Repairs Rs.2,000; Insurance Premium Rs.3,500; Land Revenue Rs.4,000; Ground RentRs.200 were paid during the year. A loan of Rs.60,000 was taken on 1-4-2010@ 15% p.a. forthe construction of the house which was completed on 28-3-2011. Nothing was repaid so far.Find out house property income for the A.Y.18-19.

(Ans: ¾ portion – NAV = 0, Interest on loan = 6,750 and IFHP = (6,750) and remaining ¼ th portion- GAV =8,400 , interest on loan is 2,250 and IFHP = 3,630. Total IFHP = (3,120))

(Solve problem No.2 of Assignment problem as rework)Note:_________________________________________________________________________________________________________________________________________________



PROBLEM 10: (PRINTED SOLUTION AVAILABLE) Mr. Krishna owns a residential house inDelhi. The house is having two identical units. First unit of the house is self-occupied by Mr.Krishna and another unit is rented for Rs. 12,000 p.m. The rented unit was vacant for threemonths during the year. The particulars of the house for the previous year 2017-18 are asunder:

Standard Rent Rs. 2,20,000 p.a.

Municipal Valuation Rs. 2,44,000 p.a.

Fair Rent Rs. 2,35,000 p.a.

Municipal tax paid by Mr. Krishna 12% of the Municipal Valuation

Light and water charges Rs. 800 p.m.

Interest on borrowed capital Rs. 2,000 p.m.

Insurance charges Rs. 3,500 p.a.

Painting expenses Rs. 16,000 p.a.

Compute income from house property of Mr. Krishna for the A.Y.2018-19(SM, N13 - 8M) (Ans. IFHP 41,352)


PROBLEM 11:(PRINTED SOLUTION AVAILABLE) Two brothers Arun and Bimal are co-owners of a house property with equal share. The property was constructed during thefinancial year 1998-1999. The property consists of eight identical units and is situated atCochin.

During the financial year 2017-18, each co-owner occupied one unit for residence and thebalance of six units were let out at a rent of Rs. 12,000 per month per unit. The municipalvalue of the house property is Rs. 9,00,000 and the municipal taxes are 20% of municipalvalue, which were paid during the year. The other expenses were as follows:

Rs.

i) Repairs 40,000

ii) Insurance premium (paid) 15,000

iii) Interest payable on loan taken for construction of house 3,00,000

One of the let out units remained vacant for four months during the year.

Arun could not occupy his unit for six months as he was transferred to Chennai. He does notown any other house.

The other income of Mr. Arun and Mr. Bimal are Rs. 2,90,000 and Rs. 1,80,000 respectively,for the financial year 2017-18.

Compute the income under the head ‘Income from House Property’ and the total income oftwo brothers for the assessment year 2018-19.

(Ans.: Income from let out portion = 2, 51,700, Total income of MR. Arun = 3,85,850, Total income of Mr.Bimal is 2,75,850.)

(SM)(MTP-MAR15)Solve problem No.4 of Assignment problem as rework)Note:_________________________________________________________________________________________________________________________________________________

Copyrights Reserved

To MASTER MINDS, Guntur



PROBLEM 12: (PRINTED SOLUTION AVAILABLE) Mr. A and Mr. B constructed their houseon a piece of land purchased by them at New Delhi. The built up area of property was 1,000sq.ft. ground floor and an equal area in the first floor. Mr. A stared construction on 1.04.2016and completed on 31.03.2017. Mr. B started the construction on 1.04.2016 and completed theconstruction on 30.06.2017. Mr. A occupied the entire house on 01.04.2017. Mr. B occupiedthe Ground Floor on 01.07.2017 and let out the first floor for a rent of Rs.15,000 per month.However, the tenant vacated the house on 31.12.2017 and Mr.B occupied the entire houseduring the period 01.01.2018 to 31.03.2018.

Fair rental value of each unit (Ground floor/first floor) 1,00,000p.aMunicipal value of each unit (Ground floor/first floor) 72,000p.aMunicipal taxes paid by A 8,000Municipal taxes paid by B 8,000Repairs & Maintenance charges paid by A 28,000Repairs & Maintenance charges paid by B 30,000

Mr. A has availed a housing loan of Rs.20 Lakhs @ 12% p.a. on 01.04.2016. Mr. B hasavailed a housing loan of Rs.12 Lakhs @ 10% p.a. on 01.07.2016. No repayment was madeeither of them till 31.03.2018. Compute income from house property for Mr. A and Mr. B.

(Ans.: Mr.A-(2,00,000), Mr.B-(77,800))

Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 13: (PRINTED SOLUTION AVAILABLE) Mrs. Rohini Ravi, a citizen of the U.S.A.,is a resident and ordinarily resident in India during the financial year 2017-18. She owns ahouse property at Los Angeles, U.S.A., which is used as her residence. The annual value ofthe house is $20,000. The value of one USD ($) may be taken as Rs. 60. She took ownershipand possession of a flat in Chennai on 1.7.2017, which is used for self occupation, while she isin India. The flat was used by her for 7 months only during the year ended 31.3.2018. Themunicipal valuation is Rs. 32,000 p.m. and the fair rent is Rs. 4,20,000 p.a. She paid thefollowing to Corporation of Chennai:Property Tax Rs. 16,200Sewerage Tax Rs. 1,800She had taken a loan from Standard Chartered Bank for purchasing this flat. Interest on loanwas as under:

Rs.Period prior to 1.4.2017 49,2001.4.2017 to 30.6.2017 50,8001.7.2017 to 31.3.2018 1,31,300

She had a house property in Bangalore, which was sold in March, 2014. In respect of thishouse, she received arrears of rent of Rs. 60,000 in March, 2018. This amount has not beencharged to tax earlier.Compute the income chargeable from house property of Mrs. Rohini Ravi for the assessmentyear 2018-19, exercising the most beneficial option available. (PM)(Ans. IFHP 57,960)


PROBLEM 14: (PRINTED SOLUTION AVAILABLE) Mr. Raphael constructed a shoppingcomplex. He had taken a loan of Rs.25 lakhs for construction of the said property on 01-08-2014 from SBI @ 10% for 5 years. The construction was completed on 30-06-2015. Rentalincome received from shopping complex Rs.30,000 per month-let out for the whole year.Municipal taxes paid for shopping complex Rs.8,000.



Arrears of rent received from shopping complex Rs.1,20,000Interest paid on loan taken from SBI for purchase of house for use as own residence for theperiod 2017-2018, Rs.3 lakhs.You are required to compute income from house property of Mr. Raphael for AY 2018-2019 asper Income-tax Act, 1961. (M17- 5M)(Ans. IFHP- (1,52,933))

Note:_________________________________________________________________________________________________________________________________________________

PROBLEM 1:Nisha has two houses, both of which are self-occupied. The particulars of theseare given below: (M 14 - 8M)

(Value in Rs.)Particulars House - I House – IIMunicipal Valuation per annum 1,20,000 1,15,000Fair Rent per annum 1,75,000Standard rent per annum 1,00,000 1,65,000Date of completion 31-03-1999 31-03-2001Municipal taxes payable during the year (paid for House II only) 12% 8%Interest on money borrowed for repair of property duringcurrent year

- 55,000

Compute Nisha's income from house property for the Assessment Year 2018-19 and suggestwhich house should be opted by Nisha to be assessed as self-occupied so that her tax liabilityis minimum. (SM, RTP - N17,M16, MTP - N16)

(Ans.: Option 1- house 1 is SOP IFHP = 0, House 2 is DLOP IFHP = 54,060 and Option 2 – House 1 is DLOPIFHP = 70,000 , House 2 is SOP IFHP = (30,000). IFHP in option 2 is more beneficial Nisha should opt to treat

House - II as Self occupied and House I as Deemed to be let out, in which case, her income from houseproperty would be Rs. 40,000 for the A.Y. 2017-18.)

PROBLEM 2:Prem owns a house in Madras. During the previous year 2017-18, 2/3rd portionof the house was self-occupied and 1/3rd portion was let out for residential purposes at a rentof Rs. 8,000 p.m. Municipal value of the property is Rs. 3,00,000 p.a. fair rent is Rs. 2,70,000p.a. and standard rent is Rs. 3,30,000. He paid municipal taxes @ 10% of municipal valueduring the year. A loan of Rs, 25,00,000 was taken by him during the year 2010 for acquiringthe property. Interest on loan paid during the previous year 2017-18 was Rs. 1,20,000.Compute Prem’s income from house property for the A.Y. 2018-19. (SM)

(Ans.: IFHP for SOP = (80,000) , IFHP for LOP = 23,000 and Total IFHP = (57,000))

PROBLEM 3: Mr. X owns one residential house in Mumbai. The house is having two identicalunits. First unit of the house is self occupied by Mr. X and another unit is rented for Rs. 8,000p.m. The rented unit was vacant for 2 months during the year. The particulars of the house forthe previous year 2017-18 are as under:

Particulars Rs.Standard rent 1,62,000 p.a.Municipal valuation 1,90,000 p.a.Fair rent 1,85,000 p. aMunicipal tax (Paid by Mr. X) 15% of municipal

valuationLight and water charges 500 p.m.Interest on borrowed capital 1,500 p.m.Lease money 1,200 p.a.

ASSIGNMENT PROBLEMS



Insurance charges 3,000 p.a.Repairs 12,000 p.a.

Compute income from house property of Mr. X for the A.Y. 2018-19.(SM, N08 - 6M)(Ans. IFHP 28,025)

PROBLEM 4:Mr. Raman is a co-owner of a house property along with his brother holdingequal share in the property.(N09-6M)

Particulars Rs.Municipal value of the property 1,60,000Fair rent 1,50,000Standard rent under the Rent Control Act 1,70,000Rent received 15,000 p.m.

The loan for the construction of this property is jointly taken and the interest charged by thebank is Rs. 25,000, out of which Rs. 21,000 has been paid. Interest on the unpaid interest isRs. 450. To repay this loan, Raman and his brother have taken a fresh loan and interestcharged on this loan is Rs. 5,000.The municipal taxes of Rs. 5,100 have been paid by the tenant.Compute the income from this property chargeable in the hands of Mr. Raman for the A.Y.2018-19. (SM)(Ans.: IFHP – Rs.48,000)

PROBLEM 5: Mrs. Indu, a resident individual, owns a house in U.S.A. She receives rent @ $2,000 per month. She paid municipal taxes of $ 1,500 during the financial year 2017-18. Shealso owns a two storied house in Mumbai, ground floor is used for her residence and first flooris let out at a monthly rent of Rs. 10,000. Standard rent for each floor is Rs. 11,000 per monthand fair rent is Rs. 10,000 per month. Municipal taxes paid for the house amounts to Rs.7,500. Mrs. Indu had constructed the house by taking a loan from a nationalized bank on 20-6-2010. She repaid the loan of Rs. 54,000 including interest of Rs. 24,000. The value of onedollar is to be taken as Rs. 60. Compute total income from house property of Mrs. Indu.

(RTP N - 16 )(Ans.10,02,375)

1. TAXATION OF INCOME FROM PROPERTIES SITUATED OUTSIDE INDIAA resident assesse is taxable under section 22 in respect of annual value of a housePropertysituated in foreign country. A resident but not ordinarily resident or a non-resident is taxable inrespect of income from such property if the income is received in India during the previousyear. Once incidence of tax is attracted under section 22, theAnnual value will be computed asif the property is situated in India.

The municipal taxes paid outside India shall be deductible from the gross annual value of thehouse property if such taxes have been actually paid by the assesseeduring the previous year.

(N 10-4M)

2. DISPUTED OWNERSHIPIf the title of ownership of the house property is under dispute in a court of law, the decisionabout who is the owner lies with the Income tax Department. The assessment cannot be help upfor such dispute. Generally, a person who receives the income or who enjoys the possession ofthe house property as owner, though his claim is under dispute, is assessable to tax undersection 22. (N10 - 4M)

ADVANCED CONCEPTS FOR STUDENTS SELF STUDY

LIST OF IMPORTANTCONCEPTS(APPLICABLE FOR WEEKEND EXAMS ONLY BUT NOT FOR ANY OTHER EXAMS)1, 3, 4, 5, 6, 7, 9, 11, 12



3. PROPERTY OWNED BY A PARTNERSHIP FIRMa) Where an immovable property or properties is included in the assets of a firm, the income

from such property should be assessed in the hands of the firm only.

Hence, the property income cannot be assessed as income of the individual partner inrespect of his share in the firm.

Q.No.1. Give the proper head of income under which the following would be chargeable:

a) A Ltd., a trading company, constructed residential flats and let them to its employees, at anominal rent deductible from their salaries.

b) The assessee makes part of its business premises available to the Government forlocating a branch of a bank, post office, etc in order to carry on its business smoothly.

Q.No.2. Under Sec.4, an association of persons is also one of the entities on which tax shallbe charged in respect of the previous year on the income. There is an exception to this rule.What is the exception?

Q.No.3. Discuss the following issues relating to Income from House Property:

a) Income earned by residents from house properties situated in foreign countries. IfMunicipal Taxes are paid in that country is it allowed in India under I. T Act, 1961.

b) Properties which are used for agricultural purposes.

Q.No.4. A property was acquired with borrowed money. The owner of the property raised asecured loan to repay the first loan and claimed the interest paid on the secured loan as adeduction from income. Is the claim admissible?

Q.No.5. Mr. X constructs a house property consisting of 13 rooms apart from a residentialportion in which he resides. The rooms are well furnished and are let-out to employees of acompany who are paying guests. X provides them lunch and dinner. The rental incomecomprises of room rent and charges for lunch and dinner but separation of rental income andcharges for dinner and lunch could not be made. Is the income chargeable under income fromhouse properties u/s.22 or income from business u/s.28?

Q.No.6. The assessee, who was deriving income from “House property”, realized a sum ofRs.52,000 on account of display of advertisement hoardings of various concerns on the roof ofthe building. He claims that this amount should be considered under the head “Houseproperty” and not under “Other sources”.

Q.No.7. ’X' Ltd. company is engaged in the business of letting out of property on rent and hasthat activity as its main object. It is contended that since House letting is done as a profitabilityactivity the income there from is chargeable as business income and the company wants toclaim depreciation. Is the Company correct?

LIST OF IMPORTANT CONCEPTS : 1, 3, 4, 6, 9, 11, 12.LIST OF IMPORTANT CLASSROOM DISCUSSION PROBLEMS: 1, 2, 6, 9, 11, 12, 13, 14.

LIST OF IMPORTANT ASSIGNMENT PROBLEMS: 4, 5.

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SIGNIFICANCE OF EACH PROBLEM COVERED IN THIS MATERIALProblem No.

in thismaterial

Problem No.in new SM

Problem No.in old SM

Problem No. inold PM RTP MTP Previous

Exams Remarks

CR 1 - - - - - -CR 2 - - - - - -CR 3 ILL 5 ILL 6 - - - -CR 4 ILL 7 ILL 8 - - - -CR 5 ILL 4 ILL 5 - - - -CR 6 ILL 6 ILL 7 - - - -CR 7 - - - - - -CR 8 PQ 3 - PQ 7 - M17 - 1 -CR 9 - - - - - -CR 10 TYQ 11 - PQ 4 - - N13 -8MCR 11 PQ 5 - PQ 2 - - -CR 12 - - PQ 6 - - -CR 13 PQ 4 - PQ 5 - - -CR 14 - - PQ 11 - - M17- 5MASG 1 TYQ 12 - PQ 10 N17

M16N16 - 1 -

ASG 2 ILL 8 ILL 9 - N15 - -ASG 3 PQ 2 - PQ 8 - - N08 - 6MASG 4 PQ 1 - PQ 3 - N16 - 2 -ASG 5 - - - N16 - -

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