can anyone solve my doubt from house property!!
Q- Fair rental value is rs.1200 and actual rent is rs.1000. the house was vacant for 5 months.
calculate amount taxable..??
CA Paras jain (Audit Senior Assistant) (1544 Points)
13 January 2010can anyone solve my doubt from house property!!
Q- Fair rental value is rs.1200 and actual rent is rs.1000. the house was vacant for 5 months.
calculate amount taxable..??
CA Paras jain
(Audit Senior Assistant)
(1544 Points)
Replied 13 January 2010
n ya according to me it can be like this..:-
FRV = rs 14400
actual rent= rs 12000
whichever is higher => rs.14400
and as house was vacant for 5 mothns then actual rent for 5 months wud be rs.5000
hence amt taxable is rs.14400 - 5000 = rs.9400
correct me if m wrong..plzzzzz
CA Paras jain
(Audit Senior Assistant)
(1544 Points)
Replied 13 January 2010
but smone said the answer is rs.14400
so which one is correct???
CA RAJENDRA PANDEY
(ACA B. Com AMFI NCFM NISM)
(327 Points)
Replied 13 January 2010
rs. 14400 is wrong
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 13 January 2010
Hi paras, the simple logic applies overhere is that property has remained vacant for 5 months.., so that means u have not recieved rent for those months...
Now, buddy, how can u charge such income which u have not recieved at all????
CA Paras jain
(Audit Senior Assistant)
(1544 Points)
Replied 13 January 2010
no a ctualy some teachers solved it by applying sec23(1)(a)
they take direclty FRV = rs.14400
actual rent = rs.12000 - rs.5000 = rs.7000
hence amt higher = rs.14400
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 13 January 2010
Thats completely INCORRECT..... its void ab initio....
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 13 January 2010
Such amount is considered as LOSS DUE TO VACANCY.... which is to be deducted from the amount higher of FRV/MRV/SRV or AR.......
The solution u said, is completely incorrect,, it should be dedcuted later
CA Paras jain
(Audit Senior Assistant)
(1544 Points)
Replied 13 January 2010
that means i ws correct wd my answr of rs.9400
thnx Dhiraj sir for clearing my doubt..
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 13 January 2010
Yup, ur 9400 was correct....
CA.Amit Mehta
(Professional)
(254 Points)
Replied 13 January 2010
no buddy thats not correct one is this
a) frv 14400
b) actual rent receivable = 7000
c) b + vacant = 7000+5000=12000
so, if a > c than ans is a i.e. 14400
& if a < c than ans is b i.e. 7000
therefor in this case 14400
kaushik
(service)
(125 Points)
Replied 13 January 2010
Municipal valuation(a)
Fair rent (b)
Standard rent (c )
Higher of (a) and (b) subject to maximum (c)
Step-2
The reasonable expected rent has to be compared with actual rent received or receivable i.e (d) and if (d) is higher than reasonable expected rent under step 1 , then (d) becomes gross annual value under step 2 and in that case step 3 is not applicable
If (d ) is lower than reasonable expected rent under step 1 and one has to find the reasons as to why (d) is lower than reasonable expected rent like (d) is lower than reasonable expected rent only because vacancy
And in your case
FRV = Rs 14400
Municipal value nil
Higher is Rs 14400/-
Step-2
Actual rent receivable = Rs 12000 (d1)
Unrealized rent nil (d2)
And loss of rent due to vacancy is 5000 (d3)
Now d = (d1)-((d2)-(d3) ) and (d) i.e 7000 and it is not higher than step1
Rs 7000 and it is assumed that (d) is lower only because of vacancy and (d) is taken as gross annual value i.e Rs 7000/-
And in this case gross annual value is Rs 7000
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 13 January 2010
www.incometaxindia.gov.in
HOW IS ANNUAL VALUE OF PROPERTY DETERMINED FOR THE PURPOSES OF TAXATION OF PROPERTY INCOME?
ALV = [Rent actually received or Fair Market Rent, whichever is higher] - [Vacancy Allowance related to the vacant period] - [Rent not realisable].
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 13 January 2010
Nywz, i think i got the point.... cleared by SAMIR...
It should be 14400 only... Sorry Paras...