Income-tax Act, 1961 · Chapter IV: Computation of Total Income · C.—Income from house property
Section 22: Income from house property
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.
In plain words
The annual value of buildings or attached land that the assessee owns is taxed under the head income from house property. Parts used for the assessee's own business, whose profits are taxed, are left out.
- Tax is on the annual value, a notional figure fixed by the next section, not simply on rent received.
- The person taxed is the owner. Courts treat a person who has the rights of an owner, though without a registered deed, as owner for this purpose.
- Whether rent from letting property is house property income or business income depends on the main purpose and nature of the activity.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
The annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income-tax, shall be chargeable to income-tax under the head —Income from house property‖.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 22
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Daivshala & Ors. v. Oriental Insurance Company Ltd. & Anr.
The primary question that arises for consideration in this case is whether the accident which caused the death of the deceased could be said to have arisen out of and in the course of employment. Also, certain…
- Maharao Bhim Singh of Kota Thr.Maharao Brij Raj Singh, Kota v. Commissioner of Income-Tax, Rajasthan-11, Jaipur
- Shabinaabraham & Ors. v. Collector of Central Excise & Customs
- Union of India & Ors. v. M/S Martin Lottery Agencies Ltd.
- Commnr, Sales Tax, U.P. v. M/S Bharat Bone Mill
- Commissioner of Sales Tax and Ors. v. M/S Subhash & Co.
- Mysore Minerals Ltd., M.G. Road, Bangalore v. Commissioner of Income Tax, Karnataka, Bangalore
- Commissioner of Income Tax, Bihar-Ii, Patna. v. Bokaro Steel Ltd. Bokaro
- The Commissioner of Income-Tax Bombay Etc v. M/S Podar Cement Pvt.Ltd.
- Commissioner of Income Tax, Shillong v. Jai Prakash Singh
- Income Tax Officer, Azamgarh & Anr. v. Mewalal Dwarka Prasad & Vice Versa
- Late Nawab Sir Mir Osman Ali Khan v. Commissioner of Wealth Tax, Hyderabad
- Commissioner of Income-Tax Calcutta v. Dalhousie Properties Ltd.
- Liquidator of Mahamudabad Properties (P) Ltd. v. Commissioner of Income Tax, West Bengal Ii, Calcutta
- Commissioner of Income-Tax, Punjab v. Kulu Valley Transport Co. (P) Ltd.
- State of Assam & Anr. v. D. C. Choudhuri & Ors.
- Ganesh Prasad Dixit v. Commissioner of Sales Tax, Madhya Pradesh
- State of Assam and Another v. Deva Prasad Barua & Another
- Commissioner of Income-Tax, Calcutta v. Bidhu Bhushan Sarkar (Dead) Through His Legal Representative Mihir Kumar Sarkar
- S. Narayanappa & Ors. v. Commissioner of Income-Tax, Bangalore
- Andhra Pradesh State Road Transport Corporation v. The Income-Tax Officer and Anr.
- Ghanshyam Das v. Regional Assistant Commissioner of Sales Tax, Nagpur
- The Commissioner of Income-Tax, Bombay City I, Bombay v. Amarchand N. Shroff, by His Heirs and Legal Representatives