Prevention of double deduction claimed on interest on borrowed capital for acquiring, renewing or reconstructing a property – Budget 2023
Under the existing provisions of the Act, the amount of any interest payable on borrowed capital for acquiring, renewing or reconstructing a property is allowed as a deduction under the head “Income from house property” under section 24 of the Act.
2. Section 48 of the Act, inter alia, provides that the income chargeable under the head “Capital gains” shall be computed, by deducting the cost of acquisition of the asset and the cost of any improvement thereto from the full value of the consideration received or accruing as a result of the transfer of the capital asset.
3. It has been observed that some assessees have been claiming double deduction of interest paid on borrowed capital for acquiring, renewing or reconstructing a property. Firstly, it is claimed in the form of deduction from income from house property under section 24, and in some cases the deduction is also being claimed under other provisions of Chapter VIA of the Act. Secondly while computing capital gains on transfer of such property this same interest also forms a part of cost of acquisition or cost of improvement under section 48 of the Act.
4. In order to prevent this double deduction, it is proposed to insert a proviso after clause (ii) of the section 48 so as to provide that the cost of acquisition or the cost of improvement shall not include the amount of interest claimed under section 24 or Chapter VIA.
5. This amendment is proposed to take effect from the 1st day of April, 2024 and shall accordingly, apply in relation to the assessment year 2024-25 and subsequent assessment years.
[Clause 22]
Extract of relevant clause of Finance Bill 2023
Clause 22 of the Bill seeks to amend section 48 of the Income-tax Act relating to mode of computation.
The said section, inter alia, provides that the income chargeable under the head “Capital gains” shall be computed by deducting the cost of acquisition of the asset and the cost of any improvement thereto from the full value of the consideration received or accruing as a result of the transfer of such capital asset.
It is proposed to insert a proviso in clause (ii) of the said section so as to provide that the cost of acquisition of the asset or the cost of improvement thereto shall not include the deductions claimed on the amount of interest under clause (b) of section 24 or under the provisions of Chapter VIA of the Act.
This amendment will take effect from 1st April, 2024 and will, accordingly, apply in relation to the assessment year 2024-2025 and subsequent assessment years.
Extract of Relevant Amendment Proposed by Finance Bill, 2023
22. Amendment of section 48.
In section 48 of the Income-tax Act, in clause (ii), the following proviso shall be inserted with effect from the 1st day of April, 2024, namely:–
“Provided that the cost of acquisition of the asset or the cost of improvement thereto shall not include the deductions claimed on the amount of interest under clause (b) of section 24 or under the provisions of Chapter VIA;”.
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Source : Finance Bill 2023 / Union Budget 2023
sir can we take capital gain tax paid as cost of improvement of the flat, the capital gain tax paid under joint development on the date of occupation certificate
the flat sold after paying capital gain tax
example:1.capital gain tax calculated based on guidance value on the date of occupation certificate.
2.subsequently the flat sold for the market price within two years
3.capital gain income tax paid on deemed capital gain as per joint development cluase in advance without actual sale.
4.actual sale happened after 15 months and after 26 months
5.my question is, can we take the capital gain tax paid as cost of imporvement to deduct from the capital gain of subsequent sale of flat.
regards
puttaraju
9449040260