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Rental receipts - limit for audit u/s 44ab

Tax queries 3223 views 2 replies

Dear friends,

In case of rental receipts, (Rent from shopping mall) what is the limit for audit u/s 44ab ? 1 crore or 25 lakhs ?

Or is it not subject to audit as it is not an income under the head " profit and gains under business or profession" ?

Remember that rental income is specifically excluded if not assessibe as business income.

Please share your views.

Thanks in advance..

vinodaca74 @ gmail.com

Replies (2)

1. The limit for rental income u/s 44AB is 1 Crore 

2. It should be considered as an income under profit and gain from business or profession and not under income from house property.

Refer: PFH Mall and retail management vs ITO on 11 May 2007

          Equivalent Citation: 2008 110 ITD 337 KOL, 2008 298 ITR 371 KOL

If "renting of malls" is a "business" of a concern , then above 44AB audit is applicable if gross receipts exceeds Rs. 1Cr.  If it is not business, then rent will be taxable under head "income from house prop."


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