The Statutory Brief

IT Act 1961 → 2025 / Section 23

House property

Section 23 → Section 21

Annual value of house property

Section 23 of the old Income-tax Act, 1961 · new section 21 under the Income-tax Act, 2025

New reference Section 21

Income-tax Act, 1961Section 23

  • Higher of expected rent and actual rent; lower actual rent due to vacancy accepted
  • Municipal taxes paid deducted
  • Up to two self-occupied houses: annual value nil
  • Unsold flats held as stock-in-trade: nil for two years after completion certificate

Applies to FY 2025-26 (AY 2026-27) and earlier years.

Income-tax Act, 2025Section 21

  • Section 21(1), (2): same expected rent / actual rent / vacancy rules
  • 21(3): municipal taxes actually paid deducted
  • 21(5): unsold stock-in-trade — nil up to two years from the end of the year of completion certificate
  • Self-occupied houses: nil annual value (up to two)

Applies from tax year 2026-27 (from 1 April 2026).

What changed

Renumbered. Finance Act 2026 reworded 21(5) to 'nil up to two years' for unsold inventory.

Practice notes

  • Deductions from annual value (30% and interest) are in section 22 — see the section 24 page.

These are summaries, not the statutory text. Read the bare Act for both sections on the Income Tax Department's official site, which also has a side-by-side comparison utility.

Frequently asked

What is section 23 (annual value) in the new Income Tax Act?

Section 21 of the Income-tax Act, 2025.

What changed in section 23 under the new Income Tax Act?

Renumbered. Finance Act 2026 reworded 21(5) to 'nil up to two years' for unsold inventory.

Is section 23 still applicable for FY 2025-26?

Yes. Income of FY 2025-26 (AY 2026-27) and earlier years is governed by section 23 of the 1961 Act. Section 21 of the 2025 Act applies from tax year 2026-27.

Related sections