Section 23 of Income Tax Act for AY 2023-24

Notes on section 23 of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Annual value how determined.

Amended and updated notes on section 23 of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Detail discussion on provisions and rules related to annual value how determined.

Chapter IV (Sections 14 to 59) of the Income Tax Act 1961 deals with the provisions related to computation of total income. Section 23 of IT Act 1961-2023 provides for annual value how determined.

Recently, we have discussed in detail section 22 (income from house property) of IT Act 1961. Today, we learn the provisions of section 23 of Income-tax Act 1961. The amended provision of section 23 is effective for financial year 2022-23 relevant to the assessment year 2023-24.

In this article, you will learn detail of the provisions of section 23 of the Income Tax Act, 1961 Bare Act read with the Income-tax Rules, 1962 as provided by Ministry of Law and Justice, Government of India.

Section-23: Annual value how determined

Section 23(1) of Income Tax Act

For the purposes of section 22, the annual value of any property shall be deemed to be—

  • (a) the sum for which the property might reasonably be expected to let from year to year; or
  • (b) where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable; or
  • (c) where the property or any part of the property is let and was vacant during the whole or any part of the previous year and owing to such vacancy the actual rent received or receivable by the owner in respect thereof is less than the sum referred to in clause (a), the amount so received or receivable :

Provided that the taxes levied by any local authority in respect of the property shall be deducted (irrespective of the previous year in which the liability to pay such taxes was incurred by the owner according to the method of accounting regularly employed by him) in determining the annual value of the property of that previous year in which such taxes are actually paid by him.

Explanation: For the purposes of clause (b) or clause (c) of this sub-section, the amount of actual rent received or receivable by the owner shall not include, subject to such rules as may be made in this behalf, the amount of rent which the owner cannot realise.

Section 23(2) of Income Tax Act

Where the property consists of a house or part of a house which—

  • (a) is in the occupation of the owner for the purposes of his own residence; or
  • (b) cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him,

the annual value of such house or part of the house shall be taken to be nil.

Section 23(3) of Income Tax Act

The provisions of sub-section (2) shall not apply if—

  • (a) the house or part of the house is actually let during the whole or any part of the previous year; or
  • (b) any other benefit therefrom is derived by the owner.

Section 23(4) of Income Tax Act

Where the property referred to in sub-section (2) consists of more than two houses

  • (a) the provisions of that sub-section shall apply only in respect of two of such houses, which the assessee may, at his option, specify in this behalf;
  • (b) the annual value of the house or houses, other than the house or houses in respect of which the assessee has exercised an option under clause (a), shall be determined under sub-section (1) as if such house or houses had been let.

Section 23(5) of Income Tax Act

Where the property consisting of any building or land appurtenant thereto is held as stock-in-trade and the property or any part of the property is not let during the whole or any part of the previous year, the annual value of such property or part of the property, for the period up to two years from the end of the financial year in which the certificate of completion of construction of the property is obtained from the competent authority, shall be taken to be nil.


Open Demat Account

For Investing or Trading

(Best Investing and Trading Platform in India)

Learn More