22.1 Deductions from income from house property
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Section 22(1) “Income from house property” shall be computed after making following deductions
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30% of the annual value is a flat deduction and is allowed irrespective of the actual expenditure incurred. |
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Interest relating to the year of completion of construction/ acquisition of property can be fully claimed in that year irrespective of the date of completion/ acquisition. |
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Unpaid purchase price would be considered as capital borrowed Where a buyer enters into an arrangement with a seller to pay the sale price in installments along with interest due thereon, the seller becomes the lender in relation to the unpaid purchase price and the buyer becomes the borrower. In such a case, unpaid purchase price can be treated as capital borrowed for acquiring property and interest paid thereon can be allowed as deduction. |
22.1.1 Interest on pre-construction period = Interest for prior period – deduction already allowed
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Section 22(3) The deduction u/s 22(1)(c) shall be computed after reducing the interest by any amount already allowed as a deduction under any other provisions of this Act. |
21.1.2 Maximum Deduction of interest for self-occupied or unoccupied property where annual value is nil
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Section 22(2) In case of property or properties referred to in section 21(6), [Self occupied Property] Aggregate amount of deduction u/ss (1)(b) and (c)] shall not exceed
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22.1.2.1 Maximum amount of deduction of interest u/ss (2) = Rs.2,00,000
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Section 22(5) The aggregate of the amounts of deduction u/ss (2) in respect of [self-occupied] properties referred to in section 21(6) shall not exceed ₹ 200000. |
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The ceiling limit would not apply to let-out/deemed let-out property: The ceiling limit prescribed for self-occupied property in respect of interest on loan borrowed does not apply to a let out/ deemed let-out property. |
22.1.2.2 Contents of Certificate
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Section 22(4) The certificate referred to in sub-section (2) shall specify– (a) amount of interest payable on capital borrowed; and (b) interest payable on any new loan, where subsequent to the capital borrowed, the assessee has taken any such loan for repayment of whole or any part of such capital. |
22.1.3 TDS to be deducted on interest payable outside India
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Section 22(6) Any interest chargeable under this Act which is payable outside India shall not be allowed as a deduction under this section, if— (a) tax has not been paid or deducted on such interest under Chapter XIX-B; and (b) in respect of such interest, there is no agent in India as per section 306. |