Page 245 - DCOM301_INCOME_TAX_LAWS_I
P. 245

Income Tax Laws – I




                    Notes          Net annual Value                                                        6,500
                                   Less: 30% of Net Annual Value                                           1,950
                                                                                                           4,550
                                   Income from House Property: ‘ NIL + ` 13,300 + ` 4,550 = ` 17,850. It is presumed that House No. 4
                                   has not been mortgaged for purposes of acquiring or repairs on the house property.

                                   Self Assessment

                                   State whether the following statements are true or false:
                                   28.  The basic requirement for assessment of this income is the ownership of the property.
                                   29.  In the cases where unrealized rent is subsequently realized, it is not necessary that the
                                       assessee continues to be the owner of the property in the year of receipt also Assessment
                                       of arrears of rent received.
                                   30.  If a house property is owned by two or more persons, then such persons are known as
                                       co-owners.

                                   31.  If the aggregate amount of permissible deductions exceeds the annual value of the house
                                       property, there will be a gain from that property.




                                     Case Study  Developing-a-career-path-in-retail: Whether the

                                                 compensation received for letting out the
                                                 manufacturing facilities would be income from house
                                                 property or business income?

                                              /s. ABC Rerolling Mills P. Ltd. is carrying on business of manufacturing and
                                              selling of rerolled metal articles. It has constructed factory premises on freehold
                                     Mland owned by it. Its main raw material is metal scrap. Due to volatile nature of
                                     raw material and finished goods prices, it has been incurring losses and one of the major
                                     reasons for losses is that the manufacturing setup is larger than that sustainable by available
                                     business.

                                     The company has devised a re-structuring exercise whereby it intends to curtail its
                                     manufacturing activities. It is expected that in next three years the business climate would
                                     improve and the company would be able to restart manufacturing fully and achieve the
                                     same production targets as earlier. This would be a temporary arrangement till the
                                     improvement in business environment and financial capacity of the company. It would
                                     not totally stop its current manufacturing activities but for the time being it would focus
                                     largely on trading activities. It intends to let out its manufacturing facilities to a concern
                                     carrying on business of rerolling and simultaneously also carry out own manufacturing
                                     on a smaller scale.
                                     The terms of agreement are that the premises including plant and machinery would be let
                                     out under a composite agreement for a period of three years with a right to the company
                                     to utilise the facilities for particular number of hours in a month. The maximum extension
                                     of lease permissible as per the agreement is two years at the option of the lessee.

                                                                                                         Contd...



          240                               LOVELY PROFESSIONAL UNIVERSITY
   240   241   242   243   244   245   246   247   248   249   250