Section 24(b) of the Income Tax Act

Income-tax Act, 2025: s.22

Section 24(b) 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(b) is CIT v. Mithilesh Kumari (92 ITR 9), cited in 54 of the 545 judgments on BharatTax that turn on this section.

Leading authorities on Section 24(b)

CIT v. Mithilesh Kumari
92 ITR 9 · 1973 · High Court
54
citing judgments

Interest on borrowed capital used to acquire an asset, paid year after year until the date of sale, must be capitalized and included in the cost of acquisition for computing capital gains.

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. Mythreyi Pai
152 ITR 247 · 1985 · High Court
44
citing judgments

Expenditure incurred towards the purchase of shares is a capital expenditure and therefore, interest expenditure incurred on such purchases is not eligible for deduction under Section 36(1)(iii) of the Income Tax Act.

CIT v. Hughes Escorts Communications Ltd.
311 ITR 253 · 2009 · High Court
29
citing judgments

Expenses incurred prior to business commencement but after business setup are deductible as revenue expenses, as the setting up and commencement dates of a business are not necessarily the same.

UOI v. Wood Papers Ltd.
4 SCC 256 · 1990 · Reported
29
citing judgments

In the interpretation of taxing statutes, exemption provisions are to be construed strictly, but once eligibility criteria are met, the exemption notification should be liberally construed to give it full play.

CIT v. Jaypee DSC Ventures Ltd.
335 ITR 132 · 2011 · High Court
28
citing judgments

Interest income generated from fixed deposits, if purchased due to business exigencies or for the purpose of carrying on business activities, is to be treated as business income and not income from other sources.

CIT v. Surinder Pal Anand, Surinder Pal Anand
242 CTR 61 · 2011 · High Court
20
citing judgments

When an assessee opts for the presumptive taxation scheme under Section 44AD of the Income Tax Act, offering income at a specified percentage of gross receipts, they are exempt from maintaining books of account and are not obligated to explain individual entries of cash deposits unless such entries lack nexus with the gross receipts.

CIT v. Taj International Jewellers
20 Taxmann.com 1 · 2012 · High Court
17
citing judgments

Interest paid on borrowed funds used to purchase FDRs is deductible as an expenditure incurred wholly and exclusively for earning taxable interest income, establishing a clear nexus between borrowing and earning interest.

CIT v. K. Raja Gopala Rao
252 ITR 459 · 2001 · High Court
15
citing judgments

Mortgage expenses and interest payable on a mortgage used as part of the purchase consideration are included in the cost of acquisition for computing capital gains on the transfer of property.

CIT v. Runwal Developers (P) Ltd.
15 Taxmann.com 196 · 2011 · High Court
14
citing judgments

Maintenance charges received for the promotion and upkeep of a mall are business receipts assessable under the head 'Income from business'. This applies even if part of the premises is sold on an outright sale basis.

Judgments on Section 24(b)

Shri Sumit Saha, Kolkata vs. CIT(A)-6, Kolkata

In the result, appeal filed by the assessee on this ground, is allowed

ITA 1569/KOL/2016[2011-12]Status: DisposedITAT Kolkata13 Jan 2017AY 2011-12

Bench: Shri A.T.Varkey, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1569/Kol/2016 ("नधा"रण वष" /Assessment Year:2011-2012) Sumit Saha, Vs. Ito-1(4) Hooghly, Presently 48/1, Old Nimta Road, Ito23(4), Chinsurah, Gt Kolkata-700058 Road, Hooghly-712101 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ayyps 5395 Q .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri K.M.Roy,Fca Revenue By : None सुनवाई क" तार"ख / Date Of Hearing : 28/12/2016 घोषणा क" तार"ख/Date Of Pronouncement 13/01/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2011-2012, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-6, Kolkata, In Appeal No.254/Cit(A)-6/Kol/2014-15, Dated 29.06.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 28.03.2014. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its Return Of Income On 24.07.2011 Declaring Net Income Of Rs.9,99,740/-. The Assessee Also Claimed Deduction U/S.24(B) Of The Act At Rs.1.50 Lakhs In Respect Of Interest Paid On Housing Loan. The Assessee’S Case Was Selected For Scrutiny U/S.143(3) & The Ao Has Completed The Assessment By Making The Addition Of Rs.1.50 Lakhs On Account Of Interest On House Building Loan, Rs.9,52,347/- As Undisclosed Income & Rs.7918/- As Undisclosed Bank Interest.

For Appellant: Shri K.M.Roy,FCAFor Respondent: None
Section 143(3)Section 24