QUERY : I have rented out my property situated at Lajpat Nagar, New Delhi. However for the last two years my tenant has not paid any rent to me but I have been filing income tax return including the rental income on accrual basis. Do I still have to pay income tax on the unrealised rent?I have rented out my property situated at Lajpat Nagar, New Delhi. However for the last two years my tenant has not paid any rent to me but I have been filing income tax return including the rental income on accrual basis. Do I still have to pay income tax on the unrealised rent?
Pradeep Saxsena, Delhi

REPLY :  

Rule 4 of the Income-tax Rules provides that unrealised rent is deductible from income if such rent is proved to be lost and irrecoverable provided the tenancy is bona fide and the defaulting tenant has either vacated the property or steps have been taken to compel him to vacate the property.

QUERY : My wife and me have taken house-building loans from our respective employers and purchased two society flats in separate names. Presently we are living in a joint family property owned by my father. Further, I am being transferred to Orissa for a period of three years and living in accommodation provided by my employer. The purpose of taking loans from respective employers was two fold :- (a) to obtain cheaper loan and to build capital assets in the form of flats. (b) to claim deductions and rebates under sections 24/88 of the Income Tax Act on account of interest and repayment of installments. Is my scheme tax worthy?
Neeraj Jain, New Delhi

REPLY :  

A. You have not mentioned whether the flats would be let out or kept vacant. Assuming flat owned by you is kept vacant but the one owned by your wife is let out, the taxability is discussed as under:

Flat owned by you:

It has been provided u/s 23(3) that the annual value would be taken as NIL if following conditions are fulfilled:
  • The asseessee owns only one house property, which is meant for his own residence.
  • The asseessee can not occupy the house property because of his employment/business  profession away from the place where the property is located.
  •  The property is not let out and no benefit is derived from it

Though you shall not be entitled to claim deductions under section 24 on account of repairs/ insurance/ annual charge, etc, yet you can claim deduction upto Rs. 1,00,000 p.a. on account of interest on amount borrowed for purchase of the flat. Since the annual value would be NIL, there would be a loss under this head which can be adjusted against other incomes thereby reducing overall tax liability.

Flat owned by your wife:.

Your wife is eligible to claim deduction of interest paid on borrowed sums with out any limits. She would also be entitled to deductions under section 24 towards insurance premium, annual charge, repairs etc. However sum total of all these deductions including interest cannot exceeds the annual value.

QUERY : I am 65 years old retiree from Government services living in my own house for the last 30 years. To meet the needs of growing family I have recently constructed another house nearby on a piece of land owned by me. Now part of my family is living in the new house. One of my friends has advised me that I would have to pay income tax on this new house on notional basis. Is it correct?
R. L. Gupta, Model Town, Delhi

REPLY :  

Your friend is right. It is irony of the tax laws, that sometimes we have to pay tax on notional incomes, even if not actually earned. However, section 23(2) allows you to choose any one of your houses as self-occupied, the annual value of which would be taken as nil. Income from other house would be taken on notional basis, as if it is let out. You should calculate house property income of both the houses and opt one with higher income as self occupied.

QUERY : I booked a society flat in the year 1992 and have paid about 60 % of the agreed cost to the builder. Later on builder defaulted and the construction has been stopped for last one year. I have found a buyer who is ready to buy me out but in the process I would suffer a loss of about Rs.100, 000. Is this loss deductible as long term capital loss against my other incomes?
Ravi Kishore, Mumbai

REPLY :  

You became owner of the "rights to property" in the year 1992, which is being sold now. In my opinion this would result into long-term capital loss as the "right" is sold after three years. This capital loss can be used to offset any other long-term capital gain earned by you in the same year. The balance if any can be carried forward for eight assessment years and shall be set off against income under the head Capital Gains.


 
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