Why Annual Value important for income from House Property

Why Annual Value important for income from House Property?

The determination of ‘Annual Value’ is important in the context of taxation of income from House Property because though the tax under the head ‘Income from house property’ is tax on income, yet it is not in that sense a tax on income but upon inherent capacity of such property to yield income and for this ‘annual value’ is the yardstick.

The inherent capacity has been defined as the sum for which the property might reasonably be expected to be let from year to-year. It is not necessary, that the property should be actually let. It is also not necessary that the reasonable return from property should be equal to the actual rent realized when the property is, in fact, let out. Where the actual rent received is more than the reasonable return, it has been specifically provided that the actual rent will be the annual value. Where, however, the actual rent is less than the reasonable rent (e.g. in case where the tenancy is affected by manipulation, emergency, close relationship or such other consideration), the latter will be annual value.

The municipal value of the property, the cost of construction, the standard rent if any under the Rent Control Act, the rent of similar properties in the same locality are relevant factors for the determination of the annual value. However, if a property is let and was vacant during any part or whole of the year and due to such vacancy, the rent received is less than the notional rent, such lesser amount shall be the Annual Value.