Mr. Yogesh constructed a house in P.Y. 2017-18 with 3 independent units. During the P.Y. 2023-24, Unit - 1 (50% of floor area) is let out for…

CA Intermediate · Taxation · MTP · January 2025
Mr. Yogesh constructed a house in P.Y. 2017-18 with 3 independent units. During the P.Y. 2023-24, Unit - 1 (50% of floor area) is let out for residential purpose at monthly rent of 20,000. Rent of January, 2024 could not be collected from the tenant and a notice to vacate the unit was given to the tenant. No other property of Mr. Yogesh is occupied by the tenant. Unit - 1 remains vacant for February and March 2024 when it is not put to any use. Unit - 2 (25% of the floor area) is used by Mr. Yogesh for the purpose of his business, while Unit - 3 (the remaining 25%) is utilized for the purpose of his residence. Other particulars of the house are as follows: Municipal valuation -2,88,000Fair rent -2,98,000Standard rent under the Rent Control Act -2,78,000Municipal taxes -30,000 paid by Mr. YogeshRepairs -7,000Interest on capital borrowed for the construction of the property -90,000,Ground rent -6,000 andFire insurance premium paid -60,000. Income of Yogesh from the business is 2,40,000 (without debiting house rent and other incidental expenditure). Determine the taxable income of Mr. Yogesh for the assessment year 2024-25 if he pays tax under section 115BAC.

Suggested Answer and Working Notes:

Computation of taxable income of Mr. Yogesh for A.Y. 2024-25 Particulars Amount (₹) Amount (₹) Income from house property (A) Unit - 1 [50% of floor area - Let out] Gross Annual Value, higher of Expected rent - 1,39,000 [Higher of Municipal Value of 1,44,000 p.a. and Fair Rent of 1,49,000 p.a., but restricted to Standard Rent of 1,39,000 p.a.] Actual rent - 1,80,000 i.e., [₹ 20,000 x 10] less unrealized rent of January, 202420,000 1,80,000 Gross Annual Value 1,80,000 Less: Municipal taxes [50% of 30,000] 15,000 Net Annual Value 1,65,000 Less: Deductions from Net Annual Value (a) 30% of Net Annual Value 49,500 (b) Interest on loan [50% of 90,000] 45,000 94,500 70,500 Unit – 3 [25% of floor area – Self occupied] Net Annual Value - Less: Interest on loan [Not allowed as Mr. Yogesh is paying tax under section 115BAC.] - - 70,500 Profits and gains from business or profession (B) Business Income [without deducting expenditure of Unit - 2, 25% floor area used for business purposes] 2,40,000 Less: Expenditure in respect of Unit -2 - Municipal taxes [25% of 30,000] 7,500 - Repairs [25% of 7,000] 1,750 - Interest on loan [25% of 90,000] 22,500 - Ground rent [ 25% of 6,000] 1,500 - Fire Insurance premium [25% of 60,000] 15,000 48,250 1,91,750 Taxable Income (A+B) 2,62,250 Note: Alternatively, if as per income-tax returns, unrealised rent is deducted from GAV, then GAV would be - 2,00,000, being higher of unexpected rent of 1,39,000 and actual rent of 2,00,000. Thereafter, unrealized rent of 20,000 and municipal taxes of 15,000 would be deducted from GAV of 2,00,000 to arrive at the NAV of 1,65,000

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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