Section 23 — Arrears of rent and unrealised rent received subsequently. Successor to s.25A of the 1961 Act.
Section 23 is in Chapter IV — Computation of Total Income, which runs from section 13 to section 95.
Sub-section (1) deems arrears of rent received from a tenant, and unrealised rent later realised from a tenant, to be income from house property of the tax year in which the amount is received or realised.
Sub-section (2) includes that amount in total income under the head "Income from house property", whether or not the assessee is the owner of the property in that tax year. Sub-section (3) allows a deduction of a sum equal to 30% of those arrears or unrealised rent.
Rent never received could not be taxed in the year it fell due; the section brings it to charge when it comes in rather than reopening the earlier year. Making the charge independent of ownership closes the escape of selling the property before collecting old dues.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Deduction from arrears of rent or unrealised rent | 30% | A sum equal to 30% of the arrears of rent or the unrealised rent referred to in sub-section (1) | Sub-section (3) |
The year of charge is the year of receipt or realisation, not the year the rent related to, so no earlier computation is revised. Ownership at the time of receipt is expressly irrelevant, which is what catches a seller collecting old dues. The 30% in sub-section (3) is a fresh allowance computed on the arrears themselves, not the deduction already taken against annual value, and it is the only deduction the section gives.
An individual let a flat and Rs 2,00,000 of rent went unrealised. He sells the flat and the following year the former tenant pays that Rs 2,00,000. The whole amount is income from house property of the year of receipt, charged even though he no longer owns the flat, and a deduction of Rs 60,000 leaves Rs 1,40,000 taxable.
In the house property schedule of the return for the year the money comes in, and in queries raised where rent is reported after a property has been sold or a tenancy has ended.
whether the assessee is the owner of the property or not in that tax year
See the full 1961 to 2025 concordance.