TDS ON DEEMED LET OUT

This query is : Resolved 

19 March 2008 SHOULD THE EMPLOYER CONSIDER INTEREST ON HOUSING LOAN FOR DEDUCTION FROM SALARY INCOME FOR THE PURPOSE OF TDS ON A HOUSE PROPERTY SITUATED AT A PLACE OTHER THAN THE PLACE OF EMPLOYMENT?

IN THE EVENT YES, SHOULD THE DEEMED INCOME FROM HOUSE PROPERTY SHOULD ALSO BE CONSIDERED BY EMPLOYER (WHICH MAY ALSO RESULT IN SURPLUS INCOME FROM HOUSE PROPERTY)

WILL THE ANSWER BE ANY DIFFERENT IN CASE SUCH HOUSE PROPERTY IS OCCUPIED BY PARENT/RELATIVES OF THE ASSESSEE IN HIS NATIVE PLACE/USUAL PLACE OF RESIDENCE?

19 March 2008 If it is self employed, Gross Annual Value will be Nil.

There fore the entire deduction of interest can be claimed.

In respect of deemed let out property, the interest can be claimed as a deuction from the estimated revenue

19 March 2008
IN CASE OF SELF OCCUPIED PROPERTY, ANNUAL VALUE IS NIL.YOU CAN CLAIM DEDUCTION OF INTEREST ON HOUSING LOAN.BUT YOU CANNOT CLAIM 30% STD. DEDUCTION AND PROPERTY TAX ANNUAL VALUE BEING ZERO.
SO THE EMPLOYER CAN CONSIDER THE APPLICABLE DEDUCTIONS STATED ABOVE AND DEDUCT TDS ACCORDINGLY.
IF THE PROPERTY IS OCCUPIED BY PARENTS/RELATIVES AS IT IS AWAY FROM PLACE OF EMPLOYEMNT ,STILL THE DEDUCTIONS CAN BE CLAIMED .
EVEN HRA CAN ALSO BE CLAIMED IN SUCH A CASE.
R.V.RAO


20 March 2008 sir please calrify that if the house property is occupied by parents/relatives due to employment outside the situation of property both hra and interest deduction of rs.1.50 lacs can be claimed as self occupied and the employer would be correct in considering that negative income for the purpose of tds.if yes pl cite the section /provisio etc

20 March 2008 The property constructed shall be taken as self occupied property provided u do not have any other self property. Hence no income.
However, if this be ur second property than it would be taken as deemed to be let out and income shall be included in ur total income.

20 March 2008 The property constructed shall be taken as self occupied property provided u do not have any other self property. Hence no income.
However, if this be ur second property than it would be taken as deemed to be let out and income shall be included in ur total income.



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