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Method of Computing Vacancy Allowance as per Section 24(I)(IX)

By Ravi Holani

Published In

Tax LR 1997

Section 22 of the Income-tax Act, 1961 lays down that the annual value of property consisting of any buildings or lands appurtenant there to which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him, the profits of which are chargeable to Income-tax, shall be chargeable to Income-tax under the head "Income from house property".  It is well settled law that where any house property or any portion of that property which is occupied by the owner to use it in his business or profession, then section 22 of the Act, 1961 shall not be applicable. In such a situation, any expenditure incurred on the property will be subject to deductions to compute the income under the head "Income from business or profession". Therefore, the question regarding determination of its annual value would be futile. It is a well recognised rule that under the head "Inco ....

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