Income from House Property (S.22-27) is the second head under S.14. The annual value of any property comprising buildings or lands appurtenant thereto, of which the assessee is the owner, is chargeable to tax under this head. The tax is levied on the inherent capacity of the property to generate income (annual value), not necessarily on actual rent received.
Legal Framework
| Provision | Content |
|---|---|
| S.22 | Charging section: annual value of property chargeable as income from house property |
| S.23(1) | Determination of annual value (expected rent, standard rent, actual rent) |
| S.23(2) | Self-occupied property: annual value = Nil |
| S.23(4) | Property vacant for part of year |
| S.24(a) | Deduction: 30% of Net Annual Value (standard deduction) |
| S.24(b) | Deduction: Interest on borrowed capital |
| S.25 | Unrealised rent (amounts not capable of being realised) |
| S.26 | Co-owners: each taxed on proportionate share |
| S.27 | Deemed owner provisions |
Conditions for Chargeability
| Condition | Requirement |
|---|---|
| Property | Must consist of building or land appurtenant thereto |
| Ownership | Assessee must be the owner (legal or deemed u/s 27) |
| Not used for own business | If used for own business/profession, not taxable under this head |
| Situated anywhere | Location irrelevant (India or abroad for residents) |
Why: The tax is on ownership, not occupation. Even a vacant property has taxable annual value because the owner derives a benefit from possessing it (notional income concept). The exception for self-occupied property is a concession, not the rule.
Determination of Annual Value (S.23)
| Property status | Annual Value |
|---|---|
| Let out | Higher of: Expected rent OR Actual rent received/receivable; but subject to standard rent ceiling |
| Self-occupied (one property) | NIL (S.23(2)) |
| Self-occupied (more than 2 properties, from AY 2020-21) | Assessee can choose any 2 as self-occupied (AV = Nil); others taxed at expected rent |
| Deemed let-out | Properties beyond the 2 chosen SOP treated as let-out at expected rent |
| Vacant for whole year | Expected rent is still the annual value |
| Vacant for part year | S.23(4): if actual rent < expected rent due to vacancy, actual rent is AV |
How to Determine GAV (Let-Out Property)
The Gross Annual Value for a let-out property is determined by comparing three figures:
| Figure | Source | Meaning |
|---|---|---|
| Municipal Value | Local authority assessment | Value assigned by municipality for property tax |
| Fair Rent | Comparable rentals in locality | What similar properties fetch in the same area |
| Standard Rent | Rent Control Act (if applicable) | Maximum rent legally chargeable under rent control |
| Actual Rent | Rent agreement/receipt | What the tenant actually pays |
Step 1: Expected Rent = Higher of Municipal Value or Fair Rent (but cannot exceed Standard Rent if rent-controlled) Step 2: GAV = Higher of Expected Rent or Actual Rent Received Step 3: Exception: If property was vacant for part of year and actual rent < expected rent DUE TO vacancy, then GAV = Actual Rent (S.23(4))
Simple rule for exams: If no Standard Rent or vacancy is mentioned in the problem, GAV = Higher of (Municipal Value / Fair Rent) or Actual Rent.
Worked Example: House Property Computation
Facts: Mr. Suresh owns a house in Hyderabad, let out for Rs.15,000/month. Municipal value = Rs.1,60,000/year. Fair rent of similar houses = Rs.1,80,000/year. Municipal tax paid by Suresh = Rs.12,000. Home loan interest = Rs.2,50,000/year. No standard rent applicable.
Step 1: Expected Rent = Higher of Municipal Value (1,60,000) or Fair Rent (1,80,000) = Rs.1,80,000 Step 2: GAV = Higher of Expected Rent (1,80,000) or Actual Rent (15,000 × 12 = 1,80,000) = Rs.1,80,000 Step 3: NAV = GAV minus Municipal Tax = 1,80,000 minus 12,000 = Rs.1,68,000 Step 4: Standard Deduction u/s 24(a) = 30% of NAV = 30% × 1,68,000 = Rs.50,400 Step 5: Interest u/s 24(b) = Rs.2,50,000 (let-out: no cap) Step 6: Income from HP = 1,68,000 minus 50,400 minus 2,50,000 = Rs.(−1,32,400) (LOSS)
Set-off: This loss of Rs.1,32,400 can be set off against salary/other income in current year (within Rs.2,00,000 limit of S.71(3A)). If Mr. Suresh has salary of Rs.8,00,000, his GTI reduces by Rs.1,32,400.
Computation Format
| Step | Particular | Amount |
|---|---|---|
| 1 | Gross Annual Value (GAV) | Determined per S.23 |
| 2 | Less: Municipal taxes paid by owner | (Actual paid during the year) |
| 3 | Net Annual Value (NAV) | GAV minus municipal taxes |
| 4 | Less: Standard deduction u/s 24(a) | 30% of NAV |
| 5 | Less: Interest on borrowed capital u/s 24(b) | Actual interest (subject to limits) |
| 6 | Income from House Property | NAV minus deductions |
Interest on Borrowed Capital (S.24(b))
| Property type | Maximum deduction |
|---|---|
| Self-occupied (loan for acquisition/construction) | Rs.2,00,000 per year |
| Self-occupied (loan for repair/renovation) | Rs.30,000 per year |
| Let-out property | No upper limit (full interest deductible) |
| Pre-construction interest | Deductible in 5 equal instalments from year of completion |
Loss from House Property
| Rule | Detail |
|---|---|
| Set off against other heads | Maximum Rs.2,00,000 in current year (S.71(3A)) |
| Carry forward | Balance loss carried forward for 8 assessment years |
| Set off of carried forward loss | Only against income from house property |
Recall Check
- What is the annual value of a self-occupied property under S.23(2)?
- What are the only two deductions allowed under S.24?
- What is the maximum interest deduction for a self-occupied property?
Key Cases
Chennai Properties and Investments Ltd v. CIT (2015) Chennai-Properties-v-CIT-2015 Issue: Whether rental income from property is assessable under "House Property" or "Business Income" when the company's main object is letting property. Rule: S.22 applies to all property owners; the head of income is determined by the nature of income, not the nature of business. Held: If the property is let out and the assessee is the owner, income is taxable under "House Property" regardless of whether letting is the main business of the company. S.22 is a complete code for taxation of property income.
Sultan Brothers v. CIT (1964) Sultan-Brothers-v-CIT-1964 Issue: When does property income get assessed under "Business" instead of "House Property." Rule: If property is used as a commercial asset in carrying on business (exploitation of a commercial asset), income may fall under business head. Held: Where letting of property is the business itself and inseparable from the business activity (e.g., hotel letting rooms), it is business income. But mere ownership and letting does not make it business income.
Distinctions
| Feature | Self-Occupied Property | Let-Out Property |
|---|---|---|
| Annual value | NIL (S.23(2)) | Expected/actual rent |
| Standard deduction (S.24(a)) | NIL (30% of Nil = Nil) | 30% of NAV |
| Interest deduction (S.24(b)) | Max Rs.2,00,000 | No upper limit |
| Municipal taxes deduction | Not applicable (AV is Nil) | Actual paid by owner |
| Net result | Always loss (if interest paid) or Nil | Can be positive or negative |
| Number allowed | Up to 2 properties | All remaining properties |
Flashcards
Q: What is the charging section for income from house property? A: Section 22 of the Income Tax Act.
Q: What are the only two deductions available under S.24? A:
-
(a) Standard deduction of 30% of NAV
-
(b) Interest on borrowed capital.
Q: What is the annual value of a self-occupied property? A: NIL under S.23(2).
Q: What is the maximum loss from house property that can be set off against other heads? A: Rs.2,00,000 per assessment year (S.71(3A)).
Q: How many properties can be claimed as self-occupied from AY 2020-21? A: Up to 2 properties can be claimed as self-occupied (annual value = Nil).
Q: What is the maximum interest deduction on a self-occupied property? A: Rs.2,00,000 per year for loan taken for acquisition or construction.
Q: Can municipal taxes paid by a tenant be deducted? A: No. Only municipal taxes paid by the owner during the year are deductible from GAV.
Exam Scenario
Mr. Rajan owns 3 houses. House A (self-occupied, loan interest Rs.2,50,000), House B (self-occupied, no loan), House C (let out at Rs.25,000/month, municipal tax Rs.30,000 paid by Rajan). Expected rent of House C is Rs.3,20,000. Compute income from house property.
Approach: House A: SOP, AV = Nil. Interest deduction u/s 24(b) = Rs.2,00,000 (max for SOP). Loss = Rs.(-2,00,000). House B: SOP, AV = Nil. No loan, no loss. Income = Nil. House C (Let-out): GAV = Higher of expected rent (3,20,000) or actual rent (3,00,000) = Rs.3,20,000. Less municipal taxes = Rs.30,000. NAV = Rs.2,90,000. Less 30% std deduction = Rs.87,000. Income from House C = Rs.2,03,000. Total income from HP = (-2,00,000) + 0 + 2,03,000 = Rs.3,000.