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Ankit
AnkitBeginner
Asked: June 6, 2021In: Income Tax

Is it mandatory to file an ITR if an individual is opting for presumptive taxation u/s 44AD and the profit is less than taxable limits eg say yearly turnover is 10 lakh only?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on June 10, 2021 at 4:59 pm

    Hi, The purpose of section 44Ad is to give relief to small assessee from compliance of maintaining books of accounts and annual Audit. This section is not related to the filing of ITR. It just gives a method of calculation of the taxable income of a business. So in this case, if the taxable income oRead more

    Hi,

    The purpose of section 44Ad is to give relief to small assessee from compliance of maintaining books of accounts and annual Audit.

    This section is not related to the filing of ITR. It just gives a method of calculation of the taxable income of a business.

    So in this case, if the taxable income of a business is less than the maximum amount which is not chargeable to tax then filing of return is not mandatory.

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Ankit
AnkitBeginner
Asked: June 5, 2021In: Income Tax

Is interest paid on home loan included in the cost of housing property while computing capital gains tax on its sale?

  1. Best Answer
    CA Manish Kumar Gupta Enlightened
    Added an answer on June 5, 2021 at 2:06 pm
    This answer was edited.
    Is interest paid on home loan included in the cost of housing property while computing capital gains tax on its sale?

    Hi, In short "Yes" Real Estate is on the boom and involved huge costs. Attractive marketing schemes make it more lucrative.  Generally, People buy a house with the help of a bank loan and pays interest on that home loan. Repayment of Principal is allowed as deduction under section 80C and Portion ofRead more

    Hi,

    In short “Yes”

    Real Estate is on the boom and involved huge costs. Attractive marketing schemes make it more lucrative.  Generally, People buy a house with the help of a bank loan and pays interest on that home loan.

    Repayment of Principal is allowed as deduction under section 80C and Portion of such Interest can be claimed as deduction under section 24(b) while calculating Income from the house property.

    Now see the twist:

    Interest paid on a housing loan can be considered in the acquisition cost of a house while calculating capital gain under section 48.

    Section 48 of Income Tax says that

    The income chargeable under the head “Capital gains” shall be computed, by deducting from the full value of the consideration received or accruing as a result of the transfer of the capital asset the following amounts, namely:—

    (i) expenditure incurred wholly and exclusively in connection with such transfer;

    (ii) the cost of acquisition of the asset and the cost of any improvement thereto:

    The case of CIT vs. C. Ramabrahmam (2013) also supports this claim.

    So, Interest paid on a house loan can be claimed at both the income head, House Property, and Capital Gain.

     

     

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