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Income from house property

Direct Taxation

If i give my land for rent and told the renter to do whatever he wants.so the renter put a shed on the land and started selling tea.now will the rent still be income from house property or other sources?


Gokul Nath

Gokul Nath

CA Inter

605

26-Apr-23 21:09

581

Answers (14)

Plz read it...may be u can understand

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It will be taxed under IFHP Even if you give your property for rent to other person who uses the property for business purposes it will be taxed under IFHP for you


RITHIK METHA

RITHIK METHA

CA Final

15K+

26-Apr-23 21:39

RITHIK METHA

It will be taxed under IFHP Even if you give your property for rent to other person who uses the property for business purposes it will be taxed under IFHP for you

But I gave only land.rent from land is income from other sources.but my example is slightly different angle


Thread Starter

Gokul Nath

Gokul Nath

CA Inter

605

26-Apr-23 21:43

Thread Starter

Gokul Nath

But I gave only land.rent from land is income from other sources.but my example is slightly different angle

Bro for a income to be recognised as IFHP first there should be a property in his/her name If you mean like that there is no separate provision for renting land .Any income which doesn't fall under salary, House property,PGBP and capital gain will be taxed under IFOS so it'll be taxed under other sources


RITHIK METHA

RITHIK METHA

CA Final

15K+

26-Apr-23 21:49

Thread Starter

Gokul Nath

But I gave only land.rent from land is income from other sources.but my example is slightly different angle

Since you have given land on rent, it will be considered under other sources.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

26-Apr-23 21:51

CA Suraj Lakhotia Admin

Since you have given land on rent, it will be considered under other sources.

If I construct a shed and then rent the land will it still be IHP OR PGBP?


Thread Starter

Gokul Nath

Gokul Nath

CA Inter

605

26-Apr-23 21:57

Thread Starter

Gokul Nath

If I construct a shed and then rent the land will it still be IHP OR PGBP?

If you constructed the shed and rented then the rent of the shed will be taxed under House property not business bcoz your not doing the business


RITHIK METHA

RITHIK METHA

CA Final

15K+

26-Apr-23 22:00

RITHIK METHA

If you constructed the shed and rented then the rent of the shed will be taxed under House property not business bcoz your not doing the business

Ya my bad i should have asked whether it's IHP or ios


Thread Starter

Gokul Nath

Gokul Nath

CA Inter

605

26-Apr-23 22:01

RITHIK METHA

If you constructed the shed and rented then the rent of the shed will be taxed under House property not business bcoz your not doing the business

Why am I asking this question is that there is no definition of building in income tax act and if u take dictionary as base for interpretation of the word building it is boundary walls with or without roof.so in my roof example there are no boundaries walls and it has only just beams below the shed.


Thread Starter

Gokul Nath

Gokul Nath

CA Inter

605

26-Apr-23 22:09

I know this point,but u need to be certain that it won't come under income from house property,for that u need to understand the usage of buildings in context.


Thread Starter

Gokul Nath

Gokul Nath

CA Inter

605

26-Apr-23 22:24

S22 deals with buildings first and then land appurtenant thereto.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

26-Apr-23 22:25

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