Illustrations · Q1
Q.State the three essential conditions that must be satisfied for a property's income to be chargeable under the head 'Income from House Property', with reference to Section 22.
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Section 22 charges to tax the Annual Value of house property, subject to three conditions that must ALL be satisfied together:
- The property must consist of a building, or land appurtenant to a building — vacant land held on its own, with no building on it, does not fall under this head.
- The assessee must be the owner of the property — chargeability under this head follows OWNERSHIP, not occupation; a tenant who lives in a rented house and pays rent for it has no income to report under this head on account of that occupation.
- The property must not be used by the owner for their own business or profession whose profits are chargeable to tax — such self-occupied business premises are excluded from this head from the outset, because the economic benefit of using that space is already reflected in the business's own taxable profit.
All three must hold together; a property failing even one — say, vacant land with no building, or a rented house occupied by a non-owner tenant, or a shop the owner runs their own business from — is simply outside this head's scope.
✓Final answer
Chargeability under Section 22 requires: (1) a building or land appurtenant to a building; (2) ownership by the assessee; (3) the property is not used by the owner for their own taxable business/profession.
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