section 38
Building, etc., partly used for business, etc., or not exclusively so used.
The Income Tax Act 1961Tax1961681 sections21 chapters
Chapter IV COMPUTATION OF TOTAL INCOME
Statutory text
- (1) Where a part of any premises is used as dwelling house by the assessee,—
- (a) the deduction under sub-clause (i) of clause (a) of section 30, in the case of rent, shall be such amount as the 10[Assessing Officer] may determine having regard to the proportionate annual value of the part used for the purpose of the business or profession, and in the case of any sum paid for repairs, such sum as is proportionate to the part of the premises used for the purpose of the business or profession;
- (b) the deduction under clause (b) of section 30 shall be such sum as the 8[Assessing Officer] may determine having regard to the part so used.
- (2) Where any building, machinery, plant or furniture is not exclusively used for the purposes of the business or profession, the deductions under sub-clause (ii) of clause (a) and clause (c) of section 30, 1. The words “and section 80VV” omitted by Act 32 of 1985, s. 11 (w.e.f. 1-4-1986). 3. Explanation numbered as Explanation 1 thereof by Act 25 of 2014, s. 13 (w.e.f. 1-4-2015). 5. Sub-section (2) omitted by Act 26 of 1997, s. 8 (w.e.f. 1-4-1998). 7. Sub-section (3) omitted by Act 26 of 1997, s. 8 (w.e.f. 1-4-1998). 8. Sub-sections (3A), (3B), (3C) and (3D) omitted by Act 32 of 1985, s. 11 (w.e.f. 1-4-1986). 9. Sub-sections (4) and (5) omitted by Act 26 of 1997, s. 8 (w.e.f. 1-4-1998). clauses (i) and (ii) of section 31 and 1[clause (ii) of sub-section (1)] of section 32 shall be restricted to a fair proportionate part thereof which the 2[Assessing Officer] may determine, having regard to the user of such building, machinery, plant or furniture for the purposes of the business or profession. 39. Managing agency commission.—Omitted by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), s. 12, (w.e.f. 1-4-1989).
2 Ins. by Act 21 of 1998, s. 15 (w.e.f. 1-4-1962).
4 Ins. by s. 13, ibid. (w.e.f. 1-4-2015).
6 Ins. by Act 29 of 1978, s. 2 (w.e.f. 1-4-1979).
10 Subs. by Act 4 of 1988, s. 2, for “Income-tax Officer”, (w.e.f. 1-4-1988).
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