Income Tax on Recovery of unrealized rent under Income Tax Act 1961

By | March 1, 2014

Section 25A: when unrealized rent earlier allowed as deduction is realized subsequently

Where deduction has been made under section 24 in respect of the rent in the assessment year in respect of rent from property let to a tenant which the assessee cannot realize and subsequently during any previous year the assessee has realized any amount in respect of such rent, the amount so realized shall be deemed to be income chargeable under the head” Income from house property” and accordingly charged to income- tax.

Special provision for cases where unrealized rent allowed as deduction is realized subsequently. Where a deduction has been made under clause (x) of sub- section (1) of section 24 in the assessment for any year in respect of rent from property let to a tenant which the assessee cannot realize and subsequently during any previous year the assessee has realized any amount in respect of such rent, the amount so realized shall be deemed to be income chargeable under the head” Income from house property” and accordingly charged to income- tax (without making any deduction under section 23 or section 24) as the income of that previous year, whether the assessee is the owner of that property in that year or not.

Section 25AA: Unrealized rent recovered in subsequent years to be charged to income tax

Where the Assessee is not able to realize any rent from the property let to a tenant and subsequently receives the rent from the tenant, then such rent received shall be taxable in the previous year in which the rent is received whether or not the Assessee is the owner of that property in that previous year.

Unrealized rent received subsequently to be charged to income-tax.—Where the assessee cannot realize rent from a property let to a tenant and subsequently the assessee has realized any amount in respect of such rent, the amount so realized shall be deemed to be income chargeable under the head “Income from house property” and accordingly charged to income-tax as the income of that previous year in which such rent is realized whether or not the assessee is the owner of that property in that previous year.’.

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