The following deductions will be allowable from the annual value to
determine the taxable income from house property:
HAS THERE BEEN AN INCREASE IN
THE LIMIT OF DEDUCTION ALLOWABLE FOR INTEREST PAYABLE ON BORROWED CAPITAL IN
RESPECT OF SELF-OCCUPIED PROPERTY?
Yes. While computing the income from house property, no deduction on
account of repairs, insurance premium on No deduction on account of repairs,
insurance premium on property, ground rent, land revenue or vacancy
allowance in respect of the self-occupied houses is allowable. However, even
in this case of self-occupied property, interest on borrowed Capital is
deductible.
Upto A.Y. 1998-99 a deduction upto Rs. 15,000 in respect of interest
payments, on borrowed funds, for the self occupied houses was allowable.
This limit of Rs* 15,000 was, w.e.f. 1.4.99 i.e. for A.Y. 1999-2000, and
subsequent years, been enhanced to Rs.30,000.
The deduction for interest on borrowed capital in A.Y. 2000-2001, was
limited to Rs.75,000, and for A.Y.2001-2002 this limit was increased to
Rs.1,50,000.
With effect from 1 April, 2002, i.e. in relation to the assessment year
2002-2003 and subsequent years, the limit on deduction of such interest
payable on housing loans for self-occupied houses has been increased from
the existing Rs. 1,00,000 to Rs. 1,50,000.
This deduction may create a loss in house property which is to be set-off
from other incomes under other heads. This is a big relief to the tax payers
planning to own their houses on the basis of borrowings.
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IS THERE A CUT OFF DATE AFTER WHICH THE PROPERTY IS TO BE ACQUIRED OR
CONSTRUCTED?
Yes. For availing the higher limit of Rs.1,50,000 the property has to be
acquired or constructed with capital borrowed on or after the 1st day of
April, 1999 and such acquisition or construction is completed before the 1st
day of April, 2003.
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HAS THERE BEEN A CHANGE IN THE ALLOWABILITY OF
INTEREST PAYABLE ON BORROWED CAPITAL IN RESPECT TO HOUSE PROPERTY REMAINING
VACANT DUE TO EMPLOYMENT ETC ?
Yes, U/s 23(3), if the property cannot be occupied by the owner by reason
of the fact that owing to his employment, business or profession, he has to
reside at that other place in a building not belonging to him, the annual
value of such property is also taken at provided that such house is not
actually let and no other benefit there from is derived by the owner.
Deduction on account of interest payable on borrowed capital was not
available to assessees who were unable to occupy the property by reason of
their employment, etc. at a place other than where the property is situated.
Effective, retrospectively, from 1st April. 1995 now the deduction on
account of interest payable on borrowed capital was extended to such class
of persons also.
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IS PENAL INTEREST ON LOAN ALLOWABLE ?
As per CBDT Circular No. 363, dt. 24-6-83.
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IS INTEREST PAYABLE ON LOAN TAKEN TO REPAY THE
ORIGINAL LOAN , ALLOWABLE ?
Yes.
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IS INTEREST EXPENSES FOR ARRANGING THE LOAN, i.e. PROCESSING CHARGES
ETC. ALLOWABLE
No. Only interest on due basis on loan for acquisition is allowable.
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IF THE ASSESSES IS NOT THE OWNER OF THE PROPERTY IN
THAT YEAR BUT HAS RECEIVED AN AMOUNT BY WAY OF ARREARS OF RENT WHICH WERE
NOT CHARGED TO INCOME TAX FOR ANY PREVIOUS YEAR, WOULD THIS AMOUNT BE
CHARGEABLE TO TAX?
Yes. Now, where the assessee is the owner any property which has been let
to a tenant and the assessee has received from such property any amount by
way of arrears of rent, the amount so received after deducting a sum equal
to 30% of such amount for repairs and collection of rent etc. shall be
deemed to be income chargeable under the head "Income from House
Property " and charged to Income-tax as income of the previous year in
which the rent is received irrespective of whether the assessee is the owner
of that property in that year or not.
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CARRY FORWARD AND SET-OFF OF LOSS FROM HOUSE PROPERTY
As per section 7IB, w.e.f. 1-4-1999, when the assessee incurs any loss
under the head income from house property and such loss is not fully
adjusted under other heads of income in the same assessment year, then the
balance loss shall be allowed to be carried forward upto a maximum of eight
assessment years and set off against income from house property.
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CAN ADJUSTMENT OF LOSS FROM HOUSE PROPERTY BE MADE AGAINST SALARY INCOME
FOR PURPOSES OF T.D.S. DEDUCTION?
Yes. Now w.e.f. 1.4.99 i.e. for A.Y. 1999-2000 and subsequent years, loss
from house properly shall be allowed to be adjusted against salary income at
the source itself. Therefore, refund claims of T.D.S. deducted in excess, on
this count, will no more be necessary.
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