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Rent received from a builder.

ram krishna (ARTICLE) (69 Points)

04 January 2012

Kindly help me in this query:

Rent recived from a builder under a Development Scheme, is it taxable in the hands of tenant. Specify in context of Income Tax Act, 1961.

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4 Replies

CA Neil Ganatra (Partner - Gautam Joshi & Co.) (871 Points)
Replied 04 January 2012

kindly clarify your query

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Balendra Parmar (Finance Manager) (199 Points)
Replied 04 January 2012

Originally posted by : ram krishna
	Kindly help me in this query: Rent recived from a builder under a Development Scheme, is it taxable in the hands of tenant. Specify in context of Income Tax Act, 1961.

Dear, Ram krishna,

As per my view ,
THE CONDITIONS FOR CHARGEABILITY IS GEVEN BELOW:
(i) Property should consist of any building or land appurtenant thereto.
(a) Buildings include not only residential buildings, but also factory buildings, offices,
shops, godowns and other commercial premises.
(b) Land appurtenant means land connected with the building like garden, garage etc.
(c) Income from letting out of vacant land is, however, taxable under the head “Income
from other sources”.
(ii) Assessee must be the owner of the property
(a) Owner is the person who is entitled to receive income from the property in his own
right.
(b) The requirement of registration of the sale deed is not warranted.
(c) Ownership includes both free-hold and lease-hold rights.
(d) Ownership includes deemed ownership (discussed later in para 2.12)
(e) The person who owns the building need not also be the owner of the land upon
which it stands.
(f) The assessee must be the owner of the house property during the previous year. It
is not material whether he is the owner in the assessment year.
Income Tax
5.2
(g) If the title of the ownership of the property is under dispute in a court of law, the
decision as to who will be the owner chargeable to income-tax under section 22 will
be of the Income-tax Department till the court gives its decision to the suit filed in
respect of such property.
(iii) The property may be used for any purpose, but it should not be used by the owner for the
purpose of any business or profession carried on by him, the profit of which is chargeable to
tax.
(iv) Property held as stock-in-trade etc.
Annual value of house property will be charged under the head “Income from house property”
in the following cases also –
(a) Where it is held by the assessee as stock-in-trade of a business;
(b) Where the assessee is engaged in the business of letting out of property on rent;
Exceptions
(a) Letting out is supplementary to the main business
(i) Where the property is let out with the object of carrying on the business of the assessee
in an efficient manner, then the rental income is taxable as business income, provided
letting is not the main business but it is supplementary to the main business.
(ii) In such a case, the letting out of the property is supplementary to the main business of
the assessee and deductions/allowances have to be calculated as relating to
profits/gains of business and not relating to house property.
(b) Letting out of building along with other facilities
(i) Where income is derived from letting out of building along with other facilities like
furniture, the income cannot be said to be derived from mere ownership of house
property but also because of facilities and services rendered and hence assessable as
income from business.
(ii) Where a commercial property is let out along with machinery e.g. a cotton mill including
the building and the two lettings are inseparable, the income will either be assessed as
business income or as income from other sources, as the case may be.

So the rent received from builder is exception of income from house property and not charged under the income from house property but charged as a Income from other sources.

ram krishna (ARTICLE) (69 Points)
Replied 04 January 2012

THANK YOU FOR THE HELP Balendrakumar Kishabhai Parmar

CA MAULIK (C.A) (937 Points)
Replied 04 January 2012

If it's your business then its a business income..otherwise..if furnished then proportion allocable to furniture etc is IFOS and rest is Income from HP.