Suraj Agarwal (Self Practitioner in Income Tax & GST) (782 Points)
01 November 2011
Dalwinder Singh
(CA FNL & COMPANY SECREATARY)
(139 Points)
Replied 01 November 2011
AS PER INCOME TAX ACT, MR. IS THE OWNER OF THE BUILDING (WHETHER ACQUIRED AS STOCK), SO IT MUST BE CHAGEABLE UNDER THE HEAD INCOME FROM HOUSE PROPERTY.
Dalwinder Singh
(CA FNL & COMPANY SECREATARY)
(139 Points)
Replied 01 November 2011
The annual value of property, consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him, the profits of which are chargeable to income tax, shall be chargeable to income tax under the head "Income from House Property".
Only the income from buildings or part of a building, held by the assessee as the owner and the income from land appurtenant to the buildings is covered under this section. Income from other property such as open land is out of the purview of this section. Income from such land will be taxed under the head, 'income from other sources.'
When the property is used by the owner for his business or profession, the income of which business or profession is chargeable to income tax, the income of that property is not charged in the hands of the owner. Similarly, when a firm carries on business or profession in a building owned by a partner, no income from such property is added to the income of the partner, unless the firm pays the partner any rent for the same. If the assessee is not the owner of the building but is a lessee and he sublets the property, he would be taxed under the head 'Income from other sources'
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