Sanjay has a house consisting of two identical units. One unit is self-occupied and the other is let out for a monthly rent of ₹ 30,000 throughout the financial year 2023-24. Municipal tax paid during the year for the to
CS Executive · Tax Laws and Practice · PYQS · June 2024
Sanjay has a house consisting of two identical units. One unit is self-occupied and the other is let out for a monthly rent of ₹ 30,000 throughout the financial year 2023-24. Municipal tax paid during the year for the total house property amounts to ₹ 70,000 (which was paid by cash ₹ 30,000 and through online banking ₹ 40,000). The house property was constructed out of housing loan taken from SBI on 1st July, 2020 for ₹ 30 lakh @ 8% interest. The construction of property was completed on 30th March, 2022 and whole of the loan amount was still outstanding at that day. Interest on housing loan for the financial year 2023-24 was due but not paid. Compute Income from house property of Sanjay for the assessment year 2024-25, assuming he has not opted to pay tax under section 115 BAC.
Answer & Explanation:
Computation of Income from House Property of Mr. Sanjay Particulars Self-occupied (₹) Let out (₹) Gross annual value Nil 3,60,000 Less: Municipal tax paid Nil (35,000) Net Annual Value Nil 3,25,000 Less: Deduction u/s 24 (i) Statutory deduction @ 30% of NAV Nil (97,500) (ii) Interest on Loan: Capital Interest: Pre-construction period interest (from 01.07.2020 till 31.03.2022) (₹ 30,00,000 * 8% * 21/12) = ₹ 4,20,000. Allowable in 5 equal instalments (₹ 4,20,000/5) (84,000) (84,000) (b) Revenue Interest: Current period Interest (Allowed on due basis) (₹ 30,00,000 * 8%) (1,20,000) (1,20,000) Income from house property (2,04,000) 23,500 Net Loss from house property (1,80,500) Note: The solution provided in the source document has a calculation error for pre-construction interest and current period interest. The pre-construction period is from 01.07.2020 to 31.03.2022 (21 months). Total interest for this period is ₹30,00,000 * 8% * 21/12 = ₹4,20,000. One-fifth is ₹84,000. Current year interest is ₹30,00,000 * 8% = ₹2,40,000. The maximum deduction for self-occupied property is ₹2,00,000. For let-out property, full interest is deductible. The municipal tax paid by cash is not deductible. Only ₹40,000 paid online is deductible. For two units, ₹20,000 each. Corrected calculation for Municipal Tax: Total Municipal Tax paid is ₹70,000. Out of this, ₹30,000 was paid in cash and ₹40,000 through online banking. As per Section 43B, cash payment of municipal tax is not allowed as a deduction. Therefore, only ₹40,000 is deductible. Since there are two identical units, ₹20,000 is attributable to the let-out property. Corrected calculation for Interest on Loan: Pre-construction period: 01.07.2020 to 31.03.2022 = 21 months. Total pre-construction interest = ₹30,00,000 * 8% * (21/12) = ₹4,20,000. Allowable in 5 equal installments = ₹4,20,000 / 5 = ₹84,000 per year. Current year interest = ₹30,00,000 * 8% = ₹2,40,000. Total interest for each unit = ₹84,000 (pre-construction) + ₹2,40,000 (current) = ₹3,24,000. For Self-Occupied Property: Gross Annual Value: Nil Less: Municipal Tax: Nil Net Annual Value: Nil Less: Deduction u/s 24(b) Interest on borrowed capital: Restricted to ₹2,00,000 (since loan taken for construction and completed within 5 years). Income from Self-Occupied Property: (₹2,00,000) For Let-Out Property: Gross Annual Value (Actual Rent): ₹30,000 * 12 = ₹3,60,000 Less: Municipal Tax paid (50% of ₹40,000 paid online) = ₹20,000 Net Annual Value: ₹3,60,000 - ₹20,000 = ₹3,40,000 Less: Standard Deduction @ 30% of NAV = 30% of ₹3,40,000 = ₹1,02,000 Less: Interest on borrowed capital (full interest allowed) = ₹3,24,000 Income from Let-Out Property: ₹3,40,000 - ₹1,02,000 - ₹3,24,000 = (₹86,000) Total Income from House Property: (₹2,00,000) + (₹86,000) = (₹2,86,000)
Topics: Income Tax
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