Income Tax Department

Ministry of Finance, Government of India

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Section 24

Deductions from income from house property

Section

Section Number

24

Chapter

CHAPTER IV - COMPUTATION OF TOTAL INCOME

Act

Income-tax Act, 1961

Year

1981

Deductions from income from house property

Deductions from income from house property

Deductions from income from house property.

24. (1) Income chargeable under the head "Income from house property" shall, subject to the provisions of sub-section (2), be computed after making the following deductions, namely :—

(i) in respect of repairs,—

(a) where the property is in the occupation of the owner, or where the property is let to a tenant and the owner has undertaken to bear the cost of repairs, a sum equal to one-sixth of the annual value ;

(b) where the property is in the occupation of a tenant who has undertaken to bear the cost of repairs,—

(i) the excess of the annual value over the amount of rent payable for a year by the tenant ; or

(ii) a sum equal to one-sixth of the annual value,

whichever is less ;

(ii) the amount of any premium paid to insure the property against risk of damage or destruction ;

(iii) [Omitted by the Finance Act, 1968, w.e.f. 1-4-1969.]

(iv) where the property is subject to an annual charge, 1[(not being a charge created by the assessee voluntarily or a capital charge)], the amount of such charge ;

(v) where the property is subject to a ground rent, the amount of such ground rent ;

(vi) where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital ;

(vii) any sums paid on account of land revenue 2[or any other tax levied by the State Government] in respect of the property ;

(viii) any sums spent to collect the rent from the property, not exceeding six per cent of the annual value of the property ;

(ix) where the property is let and was vacant during a part of the year, that part of the annual value which is proportionate to the period during which the property is wholly unoccupied or, where the property is let out in parts, that portion of the annual value appropriate to any vacant part, which is proportionate to the period during which such part is wholly unoccupied 3[* * *].

4[Explanation : The deduction under this clause shall be made irrespective of whether the period during which the property or, as the case may be, part of the property was vacant precedes or follows the period during which it is let;]

(x) subject to such rulesa as may be made in this behalf, the amount in respect of rent from property let to a tenant which the assessee cannot realise.

(2) The total amount deductible under sub-section (1) in respect of property of the nature referred to in sub-section (3) of section 23 shall not exceed the annual value of the property as determined under section 23 .

 

Amendments - 1 . Substituted for "not being a capital charge" by the Finance Act, 1968, w.e.f. 1-4-1969.

2. Inserted by the Finance Act, 1968, w.e.f. 1-4-1969.

3. "and" omitted by the Finance (No. 2) Act, 1977, w.e..f. 1-4-1977.

4. Inserted by the Finance (No. 2) Act, 1977, w.e..f. 1-4-1977.

Cross reference - a See rule 4.

 

 

[As amended by the Finance Act, 1981]

Footnotes