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Income Tax Laws – I




                    Notes

                                     Notes

                                     Income from house property is determined as under:
                                     Particulars                                                                                                                                                                          Amount
                                     Gross Annual Value                                                                                                                                                             xxxxxxx
                                     Less: Municipal Taxes                                                                                                                                                      xxxxxxx
                                     Net Annual Value                                                                                                                                                              xxxxxxx
                                     Less: Deductions under Section 24
                                     - Statutory Deduction (30% of NAV)                                                                                                                              xxxxxxx
                                     - Interest on Borrowed Capital                                                                                                                                        xxxxxxx

                                     Income from House Property                                                                                                                                          xxxxxxx

                                   Self Assessment

                                   State whether the following statements are true or false:
                                   10.  Income from let out house property is computed after giving certain deductions from the
                                       net annual value of the let out property.

                                   11.  For let out properties, the gross annual value will be the lowest of the (a) Municipal value
                                       of the property, (b) Actual rent received during the year and (c) Fair rent i.e. rent of similar
                                       properties in the same or similar locality.
                                   12.  Out of the gross annual value, municipal taxes actually paid during the year have to be
                                       deducted to arrive at the net annual value.
                                   13.  The Municipal taxes must be borne by the landlord.
                                   14.  The Municipal taxes must be paid during the year.

                                   8.4 Computation of Annual Value or Net Annual Value

                                   The basis of calculating Income from House property is the ‘annual value’. This is the inherent
                                   capacity of the property to earn in come and it has been defined as the amount for which the
                                   property may reasonably be expected to be let out from year to year. It is not necessary that the
                                   property should actually be let out. It is also not necessary that the reasonable return from
                                   property should be equal to the actual rent realized when the property is, in fact, let out. Where
                                   the actual rent received is more than the reasonable return, it has been specifically provided that
                                   the actual rent will be the annual value. Where, however, the actual rent is less than the reasonable
                                   rent (e.g., in case where the tenancy is affected by fraud, emergency, close relationship or such
                                   other consideration), the latter will be the annual value. The municipal value of the property,
                                   the cost of construction, the standard rent, if any, under the Rent Control Act, the rent of similar
                                   properties in the same locality, are all pointers to the determination of annual value.

                                   Gross Annual Value [Section 23(1)]

                                   The following four factors have to be taken into consideration while determining the Gross
                                   Annual Value of the property:
                                   1.  Rent payable by the tenant (actual rent)



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