Section 24(a) of the Income Tax Act

Income-tax Act, 2025: s.22

Section 24(a) falls under section 24 of the Income-tax Act, 1961, which corresponds to section 22 (Deductions from income from house property) of the Income-tax Act, 2025.

Read section 22 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 24(a) is CIT v. Neha Builders Pvt. Ltd. (296 ITR 661), cited in 129 of the 318 judgments on BharatTax that turn on this section.

Leading authorities on Section 24(a)

CIT v. Neha Builders Pvt. Ltd.
296 ITR 661 · 2008 · High Court
129
citing judgments

Income from unsold flats held as stock-in-trade by a builder or developer is assessable as business income, not income from house property, for assessment years prior to the insertion of Section 23(5) of the Income-tax Act.

Radha Devi Dalmia v. CIT
125 ITR 134 · 1980 · High Court
55
citing judgments

When determining income from house property under Section 23, the Annual Letable Value (ALV) can be estimated by deeming 7% of the property's value as notional rent, particularly when actual rent or other clear basis for ALV is absent.

CIT v. Motilal Hirabhai Spg. And Wvg. Co. Ltd.
113 ITR 173 · 1978 · High Court
49
citing judgments

The determination of whether share transactions constitute a business activity or an investment depends on the facts of the case. Factors like volume, frequency, and regularity indicate business activity, irrespective of how such transactions are presented in accounts.

CIT v. Cocanada Radhaswami Bank Ltd.
57 ITR 306 · 1965 · Supreme Court
46
citing judgments

The nature of the activity giving rise to income is fundamental in determining the deductibility of expenses. Interest on loans for acquiring properties held as current assets is a deductible business expenditure if incurred for business purposes.

CIT v. Neha Builders (P.) Ltd.
164 Taxmann 342 · 2007 · High Court
30
citing judgments

When a builder's business involves constructing and selling property, unsold units are considered stock-in-trade and income derived from them is taxable under the head 'Business Income', not 'Income from House Property'.

PCIT v. Earth Minerals Co. Ltd.
162 Taxmann.com 272 · 2024 · Supreme Court
13
citing judgments

A revision order under Section 263 is invalid if the Principal Commissioner passes it without conducting an inquiry or causing one to be made. The revisionary powers under Section 263 are not unfettered and require a proper inquiry.

CIT v. D.N. Dosani
280 ITR 275 · 2006 · High Court
13
citing judgments

When an assessment is reopened under Section 263, the Assessing Officer's power to make a fresh assessment is confined only to the specific issues directed by the Commissioner for revision. The Assessing Officer cannot consider other items not part of the revisional direction.

Azimganj Estate Pvt. Ltd. v. CIT
352 ITR 82 · 2013 · High Court
12
citing judgments

Rental income from unsold flats in a construction business is assessable as income from house property, not business income. Consequently, deductions under section 24(a) are allowable.

Mangla Homes\n(P) Ltd. v. ITO
360 ITR 187 · 2014 · High Court
10
citing judgments
403 ITR 453 (Kar) (FB) Swire Holdings (P.) Ltd. v. ITO
6 SOT 621 · 2006 · ITAT
5
citing judgments

Judgments on Section 24(a)

Protectron Electromech Private Limited, Chennai vs. DCIT, Chennai

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 403/CHNY/2017[2012-13]Status: DisposedITAT Chennai20 Apr 2018AY 2012-13

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.403/Mds/2017 "नधा"रण वष"/Assessment Year:2012-13 M/S. Protectron Electromech The Deputy Commissioner Of Private Limited, No. 9, Athipattan Vs. Income Tax, Corporate Circle 5(2), Street, Mount Road, Aayakar Bhavan, Chennai 600 002. Chennai 600 034. [Pan:Aabcp1103B] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri N. Devanathan, Advocate ""यथ" क" ओर से/Respondent By : Shri Guru Bhashyam, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 23.01.2018 घोषणा क" तार"ख /Date Of Pronouncement : 20.04.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Chennai Dated 28.10.2016 Relevant To The Assessment Year 2012-13. The Assessee Has Raised Two Effective Grounds In The Appeal Viz., (I) The Ld. Cit(A) Erred In Confirming The Disallowance Made Under Section 14A R.W. Rule 8D & (Ii) The Ld. Cit(A) Erred In Confirming The Disallowance Made Under The Head “Income From Other Source”.

For Appellant: Shri N. Devanathan, AdvocateFor Respondent: Shri Guru Bhashyam, JCIT
Section 115JSection 142(1)Section 143(2)Section 14ASection 24