Home loan interest under Section 24(b)
Home loan interest under Section 24(b), now Section 22 of the Income-tax Act 2025: the Rs. 2,00,000 self-occupied cap, let-out set-off, and the new regime bar.
Home loan interest under Section 24(b) is the deduction from income from house property for interest payable on capital borrowed to acquire, construct, repair, renew or reconstruct a house, a provision of the repealed Income-tax Act 1961 that the Income-tax Act 2025 carries as Section 22(1)(b) from the tax year 2026-27. On a self-occupied house it is capped at Rs. 2,00,000 by Section 22(2)(a) and allowed only in the old tax regime.
Section 24(b) of the Income-tax Act 1961 carried the deduction until that Act was repealed on 1 April 2026 by Section 536(1) of the 2025 Act. Section 536(2)(c) keeps the 1961 Act in force for any tax year beginning before that date, so the financial year 2025-26 is still claimed under Section 24(b), and the financial year 2026-27, whose return is filed in 2027, is the first under Section 22. The label “Section 24(b)” survives in pay-bill software, bank interest certificates and common usage. In the 2025 Act, Section 24 now governs co-owned property, a different rule altogether.
The deduction has two settings that behave differently. On a self-occupied house the annual value is nil under Section 21(6), so the interest produces a loss, which the old regime caps at Rs. 2,00,000 and sets against salary. On a let-out house the interest has no ceiling of its own, but Section 109(1)(b) limits the loss that can be set against salary to Rs. 2,00,000 in a year, and Section 110 carries the rest forward for eight tax years against house property income only. The default regime under Section 202 removes the self-occupied deduction and blocks every set-off of a house property loss against another head.
For a central government employee the deduction interacts with three other rules: the principal repayment under Section 123 read with paragraph 1(r) of Schedule XV, the House Building Advance that the Government itself lends, and the declaration in Form No. 124 that lets the drawing and disbursing officer reflect the loss in monthly tax deducted at source. The sections below take the statutory text first, then each setting, the new regime, the closed first-home deductions, the employer angle, three worked examples, and the history of the ceiling.
Which provision applies to which tax year
The tax year decides the section number, and the figures are the same on both sides of the repeal. Section 536(1) of the Income-tax Act 2025 repealed the 1961 Act on 1 April 2026, and Section 536(2)(c) continues the repealed Act for a tax year beginning before that date.
| Element | Financial year 2025-26 and earlier | Tax year 2026-27 onwards |
|---|---|---|
| Interest on borrowed capital | Section 24(b), Income-tax Act 1961 | Section 22(1)(b), Income-tax Act 2025 |
| Pre-construction interest in five instalments | Explanation to Section 24(b) | Section 22(1)(c) |
| 30% standard deduction on annual value | Section 24(a) | Section 22(1)(a) |
| Nil annual value of a self-occupied house | Section 23(2) | Section 21(6) and 21(7) |
| Rs. 2,00,000 and Rs. 30,000 ceilings | Provisos to Section 24(b) | Section 22(2)(a) and (b), with 22(5) |
| Set-off of house property loss against other heads | Section 71(3A), Rs. 2,00,000 | Section 109(1)(b), Rs. 2,00,000 |
| Carry forward of house property loss | Section 71B, eight years | Section 110, eight tax years |
| Default regime bar | Section 115BAC(2) | Section 202(2)(a)(v) and (b)(ii) |
| First-home additional interest | Sections 80EE and 80EEA | Sections 130 and 131 |
| Principal repayment | Section 80C(2)(xviii) | Section 123 with Schedule XV paragraph 1(r) |
The anchor map of the two Acts sets out the wider renumbering. A return for the financial year 2025-26 that cites Section 22, or a 2026-27 computation that cites Section 24(b), carries the wrong section on a correct figure.
The text of Section 22
Section 22(1) of the Income-tax Act 2025 allows three deductions from income from house property. Clause (a) allows 30% of the annual value determined under Section 21. Clause (b) allows, “where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital”. Clause (c) allows interest for the period before the tax year of acquisition or construction “in five equal instalments for the said tax year and for each of the four immediately succeeding tax years”.
The remaining sub-sections set the limits:
- Section 22(2) caps the aggregate deduction under sub-section (1)(b) and (c), for a property referred to in Section 21(6), at Rs. 2,00,000 where two conditions are met and Rs. 30,000 in any other case. The reference to clause (c) was substituted by Act No. 4 of 2026, the Finance Act 2026, with effect from 1 April 2026.
- Section 22(3) computes the pre-construction instalment after reducing the interest by any amount already allowed under another provision of the Act.
- Section 22(4) prescribes what the lender’s certificate must state: the interest payable on the capital borrowed, and the interest on any new loan taken to repay the original one.
- Section 22(5) caps the aggregate deduction under sub-section (2) across all Section 21(6) properties at Rs. 2,00,000.
- Section 22(6) disallows interest payable outside India where tax has not been paid or deducted under Chapter XIX-B and there is no agent in India under Section 306.
The word “payable” in clause (b) matters. The deduction is for interest that falls due for the tax year, whether or not it has been paid, and not for the equated monthly instalment as a whole. An instalment combines interest and principal; only the interest component goes to Section 22, and the principal goes, if anywhere, to Section 123.
Who can claim the deduction
The deduction belongs to the person assessed on the house. Section 20(1) charges the annual value of a building “owned by the assessee” under the head income from house property, and Section 22 is a deduction in computing that income, so a person who pays a home loan on a house they do not own computes no house property income from it and has nothing to deduct the interest from. Section 25 extends ownership to a deemed owner, including an individual who transfers property without adequate consideration to a spouse, except under an agreement to live apart, or to a minor child other than a married daughter.
The borrowed capital must have been used for one of the five purposes in clause (b): acquiring, constructing, repairing, renewing or reconstructing the property. The source of the loan is irrelevant to clause (b). A bank, a housing finance company, an employer or a private lender all qualify, provided the interest is payable on capital used for the property. The source matters only for Sections 130 and 131, which require a financial institution, and for the principal under Schedule XV, which lists eligible lenders.
Co-owners are taxed separately. Section 24(1) provides that co-owners with definite and ascertainable shares are not assessed as an association of persons and that each one’s income, computed separately on their share, is included in their own total income. Section 24(2) gives each co-owner the Section 21(6) relief “as if each co-owner is individually entitled”. Two spouses who co-own a self-occupied flat and both service the loan therefore each compute their own house property income, and each applies the Section 22(2) ceiling to the interest they bear in their own computation.
The Rs. 2,00,000 ceiling on a self-occupied house
A self-occupied house can yield a deduction of up to Rs. 2,00,000 a tax year for current interest and pre-construction instalments together. Section 21(6) takes the annual value of a house the owner occupies for their own residence as nil, the 30% under Section 22(1)(a) is therefore nil, and the interest under clauses (b) and (c) becomes a loss under the head. Section 22(2)(a) limits that loss to Rs. 2,00,000.
The higher ceiling has two conditions in Section 22(2)(a):
- the property has been acquired or constructed with borrowed capital, and the acquisition or construction is completed within five years from the end of the tax year in which the capital was borrowed; and
- the assessee furnishes a certificate from the person to whom the interest is payable.
A loan taken in the financial year 2023-24 therefore has to see the house completed by 31 March 2029. A purchase of a completed flat meets the first condition at once.
When the Rs. 30,000 ceiling applies
Section 22(2)(b) allows Rs. 30,000 “in any other case”. Three situations fall into it. The first is a loan for repair, renewal or reconstruction, because the Rs. 2,00,000 condition in Section 22(2)(a)(i) covers only acquisition or construction. The second is a construction completed more than five years after the end of the tax year of borrowing. The third is a claim without the lender’s certificate.
The repair limb catches an employee who already owns the house outright. A loan taken to repair or renew a self-occupied house yields at most Rs. 30,000 of interest a year, however large the loan.
Two self-occupied houses
Section 21(7)(a) allows the nil annual value for two houses specified by the assessee, and Section 21(7)(b) withdraws it from any house actually let during the tax year or from which the owner derives any other benefit. The ceiling does not double. Section 22(5) caps the aggregate deduction under sub-section (2) for all Section 21(6) properties at Rs. 2,00,000, so a second self-occupied house adds a second source of interest but no additional headroom. A third house, or any house let for part of the year, is computed on its annual value as a let-out property.
A house the owner cannot occupy
Section 21(6) also covers a house the owner “cannot actually occupy it due to any reason”. This matters to a transferable employee. An officer posted to Guwahati who owns a flat in Pune, keeps it unlet and lives in government accommodation or a rented house at the posting, has a Section 21(6) house in Pune and claims interest on it under the same Rs. 2,00,000 ceiling. The relief ends the moment the Pune flat is let for any part of the year, under Section 21(7)(b), and the flat then moves to the let-out computation.
The wide wording predates the 2025 Act. The Finance Act 2025 (Act No. 7 of 2025) substituted Section 23(2) of the repealed Income-tax Act 1961 with effect from 1 April 2025, so the “any reason” test applied from the assessment year 2025-26, which is the financial year 2024-25. Before that, a house counted as self-occupied when unoccupied only if the owner’s employment, business or profession at another place required residence there “in a building not belonging to him”. Section 21(6) of the 2025 Act carries the 2025 wording forward unchanged.
The house rent allowance follows its own rule. An employee who owns and lives in a house at the place of posting cannot claim the house rent allowance exemption, because no rent is paid. An employee who owns a house elsewhere and pays rent at the posting can claim both the exemption and the Section 22 deduction on the distant house, since the two provisions look at different houses.
Let-out property: no ceiling on interest, Rs. 2,00,000 on set-off
Interest on a let-out house is deductible in full. Section 22(2) applies only to a property referred to in Section 21(6), so where a house is let, the whole of the interest payable for the tax year is deducted under Section 22(1)(b), after the 30% deduction on annual value under Section 22(1)(a). The annual value under Section 21(1) is the higher of the reasonable expected rent and the actual rent receivable, reduced under Section 21(3) by municipal taxes actually paid by the owner in the year.
The limit falls on the loss, not on the interest. Section 109(1)(b) provides that a loss under the head “Income from house property” “shall be set off to the extent of Rs. 200000 against income under any other head”. The unabsorbed balance is carried forward under Section 110(1), to be set off only against income from house property of later tax years, and Section 110(2) stops the carry forward after eight tax years immediately following the year in which the loss was first computed.
Inside the head, losses and income offset without limit. Section 108(1) sets a loss from one source against income from another source under the same head, so the loss on one let-out house is first absorbed by the rent from another before Section 109 is reached.
Pre-construction interest in five instalments
Interest that falls due before the house is ready is deducted later, in five parts. Section 22(1)(c) applies where capital is borrowed in a period before the tax year in which the property is acquired or constructed. The interest payable for that prior period is deducted in five equal instalments, starting with the tax year of acquisition or construction and running through the four tax years after it. Section 22(3) first removes any part of that interest already allowed under another provision.
The prior period runs from the date of borrowing to the end of the tax year before completion. For a loan drawn on 1 June 2023 and a house completed in December 2026, the prior period is 1 June 2023 to 31 March 2026, and the instalments fall in the tax years 2026-27 to 2030-31. Interest for April to December 2026 is current-year interest under clause (b), not part of the prior period.
From 1 April 2026 the instalments sit inside the self-occupied ceiling. Section 38 of the Finance Act 2026 (Act No. 4 of 2026) substituted “sub-section (1)(b) and (c)” for “sub-section (1)(b)” in Section 22(2), with effect from 1 April 2026, the same date the 2025 Act came into force. As enacted, the 2025 Act had capped clause (b) alone. On a self-occupied house the instalment and the current interest together cannot exceed Rs. 2,00,000; on a let-out house there is no cap on either.
The amendment restored the 1961 position rather than narrowing it. Under Section 24(b) of the repealed Income-tax Act 1961, the Explanation deducted prior-period interest in instalments “under this clause”, and the second proviso capped “the aggregate of the amounts of deduction under this clause” at two lakh rupees, so the instalments always sat inside the ceiling. The 2025 Act as enacted moved them into a separate clause (c) and capped clause (b) alone. Section 38 of the Finance Act 2026 brought clause (c) back under the cap from the first day the 2025 Act operated, so no tax year was ever computed with the instalments outside it.
Home loan interest in the new tax regime
The default regime under Section 202 of the Income-tax Act 2025 allows interest on a let-out house and refuses it on a self-occupied one. Section 202(2)(a)(v) requires total income to be computed without the deduction under “section 22(1)(b), in respect of properties referred to in section 21(6)”. Interest on a let-out house is outside that exclusion and is still deducted, as is the 30% under Section 22(1)(a), which the exclusion list does not name.
In the default regime the let-out deduction is worth only as much as the rent it absorbs. Section 202(2)(b)(ii) requires the computation without set off of “any loss under the head “Income from house property” with any other head of income”, and Section 202(3) deems that loss to have been given full effect, with no deduction for it in any later year. The loss is extinguished, not carried forward. Interest larger than the net annual value of the let-out house is lost in the default regime, while in the old regime the same excess is set against salary up to Rs. 2,00,000 and the remainder carried forward for eight years.
Two consequences follow from the wording. Section 202(2)(b)(ii) bars set-off against another head, not within the head, so the Section 108(1) offset between two let-out houses still runs in the default regime. And Section 202(2)(a)(v) names clause (b) only. The pre-construction limb in clause (c) is not named, but on a self-occupied house the nil annual value means any clause (c) instalment would only produce a loss, which Section 202(2)(b)(ii) bars from reaching salary and Section 202(3) extinguishes. The Section 202 article sets out the full exclusion list.
| Item | Old regime, Section 202(4) option | Default regime, Section 202(1) |
|---|---|---|
| Self-occupied interest, Section 22(1)(b) | Up to Rs. 2,00,000 | Not allowed, Section 202(2)(a)(v) |
| Self-occupied interest, repair loan or late completion | Up to Rs. 30,000 | Not allowed |
| Let-out interest | Whole amount | Whole amount |
| 30% of annual value, Section 22(1)(a) | Allowed | Allowed |
| Loss set against salary | Up to Rs. 2,00,000, Section 109(1)(b) | Not allowed, Section 202(2)(b)(ii) |
| Carry forward of unabsorbed loss | Eight tax years, Section 110 | Extinguished, Section 202(3) |
| Sections 130 and 131 | Allowed if conditions met | Not allowed, Section 202(2)(a)(xii) |
| Principal under Schedule XV paragraph 1(r) | Within Rs. 1,50,000, Section 123 | Not allowed, Section 202(2)(a)(xii) |
A salaried employee chooses between the two each year in the return, under Section 202(4)(b), so the home loan is one input to an annual comparison rather than a permanent choice. The old versus new tax regime article and the break-even guide carry the full comparison.
Sections 130 and 131: the former Sections 80EE and 80EEA
Two first-home deductions sit beside Section 22 in Chapter VIII, not inside it. Section 130 of the Income-tax Act 2025, the successor to Section 80EE, allows an individual up to Rs. 50,000 of interest on a loan from a financial institution for acquiring a residential house. Section 131, the successor to Section 80EEA, allows up to Rs. 1,50,000 to an individual not eligible under Section 130.
| Condition | Section 130 (former 80EE) | Section 131 (former 80EEA) |
|---|---|---|
| Loan sanctioned | 1 April 2016 to 31 March 2017 | 1 April 2019 to 31 March 2022 |
| Ceiling | Rs. 50,000 | Rs. 1,50,000 |
| Loan amount | Not more than Rs. 35 lakh | No condition |
| Value of house | Not more than Rs. 50 lakh | Stamp duty value not more than Rs. 45 lakh |
| Other house on date of sanction | None | None |
| Lender | Bank or housing finance company, Section 130(5) | Same, Section 131(4) |
Both sanction windows have closed, so no new loan qualifies. A loan sanctioned inside a window keeps the deduction for every later tax year in which interest is payable. Section 130(4) and Section 131(3) bar the same interest from being deducted under any other provision, so each rupee of interest is allocated to one provision; the largest total comes from filling Section 22 to its ceiling and claiming the excess, up to Rs. 50,000 or Rs. 1,50,000, under Section 130 or 131. Section 202(2)(a)(xii) removes both from the default regime, since neither is among the Chapter VIII survivors it names, Sections 124(1), 124(2), 125(2) and 146.
Principal repayment under Section 123
The principal part of the same instalment is a separate deduction, under a separate ceiling. Section 123 of the Income-tax Act 2025, read with paragraph 1(r) and paragraph 3 of Schedule XV, allows repayment of a loan for the purchase or construction of a residential house within the Rs. 1,50,000 aggregate that also covers the general provident fund subscription, the Central Government Employees Group Insurance Scheme and life insurance. Paragraph 3(a) lists the eligible lenders, including the Central or a State Government, a bank, the Life Insurance Corporation, the National Housing Bank and a housing finance company, and adds stamp duty and registration fees.
Paragraph 3(b) excludes any expenditure deductible under Section 22, so the interest cannot be counted again under Section 123. Where GPF, CGEGIS and insurance already reach Rs. 1,50,000, the principal adds nothing at the margin. The Section 80C article covers the five-year rule and the full Schedule XV list.
House Building Advance and other employer loans
The House Building Advance from the Central Government is borrowed capital like any other loan, so interest on it is deducted under Section 22(1)(b) on the same terms and ceilings. The Ministry of Housing and Urban Affairs compendium of the House Building Advance Rules, issued under OM No. I-17011/13/2024-H.III dated 6 August 2025 and consolidating the Rules notified by OM No. I.17011/11(4)/2016-H-III dated 9 November 2017, fixes the main terms:
| Term | Rule in the 2025 compendium |
|---|---|
| Amount | Least of 34 months’ basic pay up to Rs. 25 lakh, the cost of the house, or the amount the repaying capacity supports |
| Expansion of an existing house | 34 months’ basic pay up to Rs. 10 lakh |
| Cost ceiling | 139 times basic pay, up to Rs. 1 crore, excluding the cost of the plot, relaxable by the Head of Department by up to 25% |
| Interest | Simple interest from the date of the first instalment, on the balance at the end of each month |
| Rate | Fixed for the life of the advance at the rate of the year of sanction; 7.44% for advances sanctioned in 2025-26, MoHUA OM No. I-17015/2(2)/2024/H.III dated 27 March 2025 |
| Recovery | Principal first, in up to 180 monthly instalments over 15 years, then interest in up to 60 monthly instalments |
| Number | One advance in the whole service |
The recovery order raises a timing question that neither Section 22 nor the compendium settles. Interest accrues monthly from the first instalment but is recovered only after the principal, up to 15 years later, while Section 22(1)(b) allows interest “payable” for the tax year. An employee claims what the certificate from the accounts office maintaining the advance states as interest for the year; Section 22(2)(a)(ii) makes that certificate a condition of the Rs. 2,00,000 ceiling. The principal recovered from pay qualifies under paragraph 3(a) of Schedule XV, which names the Central Government as an eligible lender.
A loan from the employer at a concessional rate is also a perquisite. Rule 15(5)(a) of the Income-tax Rules 2026, Table IV serial 1, made under Section 17(1)(e) of the 2025 Act, values an interest-free or concessional loan at the annual rate charged by the State Bank of India on the first day of the tax year for loans for the same purpose, on the maximum outstanding monthly balance, less the interest actually paid. The rule excludes loans not exceeding Rs. 2,00,000 in the aggregate and loans for medical treatment of the diseases in rule 18. Table IV has no carve-out for a Government employer, and it reduces the value only by the interest, if any, actually paid. The House Building Advance recovers principal first for up to 15 years, so in those years no interest is actually paid, and on the rule’s text the perquisite would be the whole interest at the bank’s rate on the maximum outstanding monthly balance, not a difference of rates. How Table IV applies to interest that is deferred rather than waived is unsettled, and the rule does not say which of the bank’s several home-loan rates is “the annual rate”.
Claiming the deduction through the drawing and disbursing officer
The deduction reaches the monthly pay bill through two provisions. Section 392(4)(a)(iii) of the Income-tax Act 2025 lets an employee furnish particulars of “any loss under the head “Income from house property” for the same tax year”, and Section 392(4)(b) makes that loss, with taxes already deducted or collected, the only item that may reduce the tax deducted at source on salary. The drawing and disbursing officer then computes the monthly deduction on salary less the loss, which in the old regime is capped by Section 109(1)(b) at Rs. 2,00,000.
Evidence goes on Form No. 124, the successor to Form 12BB, under rule 205 of the Income-tax Rules 2026, made under Section 392(5)(b). Serial 3 of the Table in rule 205(2) covers the deduction of interest under the head income from house property and requires the name, address and Permanent Account Number of the lender. Section 392(5)(b) requires the employer to obtain evidence or proof of the claim, including a claim for set off of loss, and Section 22(2)(a)(ii) separately makes the lender’s certificate, with the contents in Section 22(4), a condition of the Rs. 2,00,000 ceiling. Under the default regime there is no self-occupied loss to report, because Section 202(2)(a)(v) removes the deduction that would create it.
The deduction does not depend on the employer. An employee who did not declare it, or whose DDO did not allow it, claims it in the return, and the excess tax deducted is refunded. Interest on a let-out house is reported the same way, as the net loss of the head after the rent.
Worked examples for the tax year 2026-27
Self-occupied house, old regime against default
A central government employee below 60 has a gross salary of Rs. 15,00,000 in the tax year 2026-27 and lives in a flat bought with a bank loan in 2022. Interest payable for the year is Rs. 2,40,000. The employee claims Rs. 1,50,000 under Section 123, made up of GPF subscription and principal repayment, and no other deduction. The old-regime slab rates are those in Paragraph A of Part I-B of the First Schedule to the Finance Act 2026, and the default-regime rates are in the Section 202(1) Table.
| Item | Old regime (Rs.) | Default regime (Rs.) |
|---|---|---|
| Gross salary | 15,00,000 | 15,00,000 |
| Standard deduction, Section 19(1) Table serial 2 | 50,000 | 75,000 |
| Income from salary | 14,50,000 | 14,25,000 |
| House property loss, interest capped by Section 22(2)(a) | 2,00,000 | Nil, Section 202(2)(a)(v) |
| Section 123 with Schedule XV | 1,50,000 | Nil |
| Total income | 11,00,000 | 14,25,000 |
| Slab tax | 1,42,500 | 93,750 |
| Health and education cess at 4% | 5,700 | 3,750 |
| Tax payable | 1,48,200 | 97,500 |
The old-regime slab tax is Rs. 12,500 on the band from Rs. 2,50,000 to Rs. 5,00,000, Rs. 1,00,000 at 20% on the next Rs. 5,00,000 and Rs. 30,000 at 30% on the Rs. 1,00,000 above Rs. 10,00,000. The default-regime tax is Rs. 20,000 at 5%, Rs. 40,000 at 10% and Rs. 33,750 at 15% on Rs. 2,25,000 above Rs. 12,00,000. Rs. 40,000 of the interest is lost to the ceiling.
The home loan is worth Rs. 62,400 in the old regime: Rs. 2,00,000 at the 30% marginal rate plus cess. That is not enough. The default regime is still Rs. 50,700 cheaper, and the old regime needs Rs. 1,93,750 more in deductions to break even, bringing total income down to Rs. 9,06,250, where the tax with cess is Rs. 97,500. The Rs. 50,000 under Section 124(3) and Rs. 25,000 under Section 126 supply Rs. 75,000 of it. An employee living in the mortgaged flat pays no rent, so the house rent allowance drawn is fully taxable and offers no route to the rest.
Let-out house, both regimes
A second flat is let at Rs. 20,000 a month, the reasonable expected rent, and the owner pays Rs. 12,000 of municipal tax in the year. Interest payable is Rs. 4,20,000.
| Item | Amount (Rs.) |
|---|---|
| Rent receivable, Section 21(1)(b) | 2,40,000 |
| Less municipal tax paid, Section 21(3) | 12,000 |
| Annual value | 2,28,000 |
| Less 30% of annual value, Section 22(1)(a) | 68,400 |
| Less interest, Section 22(1)(b), no ceiling | 4,20,000 |
| Loss under the head | 2,60,400 |
In the old regime Rs. 2,00,000 of the loss is set against salary under Section 109(1)(b), and Rs. 60,400 is carried forward under Section 110, available against house property income for up to eight tax years. In the default regime none of the Rs. 2,60,400 is set against salary, and Section 202(3) extinguishes it. The interest in the default regime therefore shelters exactly the Rs. 1,59,600 of net rent and nothing more.
Pre-construction interest on a self-occupied house
An employee drew a construction loan on 1 June 2023 and took possession in December 2026. Interest payable from 1 June 2023 to 31 March 2026 is Rs. 3,50,000, so the instalment under Section 22(1)(c) is Rs. 70,000 a year for the tax years 2026-27 to 2030-31. Interest payable for 2026-27 itself is Rs. 1,90,000. Construction was completed before 31 March 2029, five years from the end of the tax year 2023-24, so the Rs. 2,00,000 ceiling applies.
The claim for 2026-27 is Rs. 1,90,000 plus Rs. 70,000, or Rs. 2,60,000, capped at Rs. 2,00,000 under Section 22(2) as amended by the Finance Act 2026. Rs. 60,000 is lost and is not carried forward, because it never becomes a computed loss. If the employee lets the house instead, there is no cap, and the full Rs. 2,60,000 enters the let-out computation.
Common errors
- Claiming the whole instalment. Only interest goes to Section 22. Principal goes to Section 123 within Rs. 1,50,000, and only in the old regime.
- Treating the Rs. 2,00,000 as per house. Section 22(5) caps the aggregate across both self-occupied houses.
- Adding pre-construction interest above Rs. 2,00,000. From the tax year 2026-27 the clause (c) instalments sit inside the Section 22(2) cap.
- Applying Rs. 2,00,000 to a repair loan. Section 22(2)(a)(i) covers acquisition or construction only; repair, renewal and reconstruction get Rs. 30,000 on a self-occupied house.
- Capping let-out interest at Rs. 2,00,000. The interest is uncapped; the Rs. 2,00,000 limit in Section 109(1)(b) is on the loss set against other heads.
- Claiming self-occupied interest in the default regime. Section 202(2)(a)(v) removes it, whatever the bank certificate says.
- Carrying a default-regime loss into an old-regime year. Section 202(3) extinguishes it in the year it arises.
- Citing Section 24(b) of the repealed 1961 Act for 2026-27. The section from that year is Section 22(1)(b); Section 24 of the 2025 Act deals with co-owners.
- Expecting a new loan to qualify under Section 130 or 131. Both sanction windows closed, on 31 March 2017 and 31 March 2022.
History of the provision
The ceiling, the set-off limit, the two-house rule and the regime bar were each added by a Finance Act under the repealed Income-tax Act 1961, and the 2025 Act carried all of them forward.
| Effective | Change | Instrument |
|---|---|---|
| Assessment year 2015-16 | Self-occupied ceiling raised from Rs. 1,50,000 to Rs. 2,00,000 | Finance (No. 2) Act 2014, amending the second proviso to Section 24(b) of the repealed Act |
| Assessment year 2018-19 | Set-off of a house property loss against other heads limited to Rs. 2,00,000, with carry forward of the balance | Finance Act 2017, inserting Section 71(3A) |
| Assessment year 2020-21 | Nil annual value extended from one house to two, with the interest ceiling applying to the aggregate | Finance Act 2019, amending Sections 23(2) and 24(b) of the repealed Act |
| Assessment year 2021-22 | Optional concessional regime under Section 115BAC disallows clause (b) of Section 24 for a Section 23(2) property | Finance Act 2020 |
| Assessment year 2024-25 | Section 115BAC becomes the default regime, retaining the bar | Finance Act 2023 |
| Assessment year 2025-26 | Unoccupied house treated as self-occupied for any reason, not only employment elsewhere | Finance Act 2025, substituting Section 23(2) |
| Tax year 2026-27 | Deduction moves to Section 22(1)(b) and (c) of the Income-tax Act 2025; pre-construction instalments kept inside the cap | Income-tax Act 2025, Section 536(1); Finance Act 2026, section 38 |
Under the repealed 1961 Act the higher ceiling applied only to capital borrowed on or after 1 April 1999, with Rs. 30,000 for earlier borrowing. Section 22(2)(a) of the 2025 Act carries no borrowing-date condition, so the date has no effect from the tax year 2026-27. Section 115BAC(2) of the 1961 Act barred clause (b) of Section 24 only, leaving the 30% deduction in clause (a), which is the same split Section 202(2)(a)(v) now makes.
Frequently Asked Questions (FAQs)
Which section of the Income-tax Act 2025 replaced Section 24(b)?
Which tax year still uses Section 24(b)?
What is the home loan interest limit on a self-occupied house for 2026-27?
When does the Rs. 30,000 limit apply instead of Rs. 2,00,000?
Can Rs. 2,00,000 be claimed on each of two self-occupied houses?
Is there a limit on home loan interest for a let-out house?
Is home loan interest allowed in the new tax regime?
What is pre-construction interest and how is it claimed?
Can home loan interest be claimed on an owned house the owner cannot live in because of a transfer?
Can house rent allowance and home loan interest be claimed together?
How do joint owners claim home loan interest?
Are Sections 80EE and 80EEA still available?
Is home loan principal deductible under the same section?
Does interest on a loan taken to repay the first home loan qualify?
Is the deduction for interest paid or interest payable?
How much does the home loan interest deduction save in tax?
Related Articles
- Income-tax Act 2025
- Old tax regime
- New tax regime
- Old vs new tax regime
- Section 202, the default new regime
- Section 115BAC, the default regime under the 1961 Act
- Deductions allowed in the new tax regime
- Tax regime break-even guide
- How to switch tax regime
- Section 80C, now Section 123
- Section 80CCD(1B), additional NPS deduction
- Section 80D, health insurance
- Sections 80EE and 80EEA, first-home interest deductions
- Income from house property for employees
- Standard deduction
- Rebate under Section 87A
- Rebate, deduction and exemption compared
- Income-tax slabs for 2026-27
- Health and education cess
- Income tax for government employees
- Income tax for pensioners
- Senior citizen tax
- Tax deducted at source on salary
- Form 12BB
- Form 16
- Form 26AS
- Drawing and disbursing officer
- Pay and accounts office
- House Building Advance
- General provident fund
- House rent allowance
- HRA exemption under Section 10(13A)
- Government accommodation
- Capital gains tax
- ITR-1 Sahaj
- Finance Act 2026
- Income tax calculator
External references
- Income-tax Act 2025, Income Tax Department
- Income Tax Department e-filing portal
- Central Board of Direct Taxes
- Finance Act 2026, e-Gazette of India
- Department of Expenditure, Ministry of Finance
- Ministry of Housing and Urban Affairs
References
- Income-tax Act 2025 (No. 30 of 2025), Sections 20 to 25 (income from house property), as amended by section 38 of the Finance Act 2026 (Act No. 4 of 2026) with effect from 1 April 2026.
- Income-tax Act 2025, Sections 108, 109 and 110 (set-off and carry forward of loss), and Sections 130 and 131.
- Income-tax Act 2025, Section 202(2)(a)(v), (2)(a)(xii), (2)(b)(ii) and (3), and Section 536(1) and (2)(c).
- Income-tax Act 2025, Section 123 read with paragraphs 1(r) and 3 of Schedule XV.
- Finance Act 2026 (Act No. 4 of 2026), First Schedule, Part I-B, Paragraph A, and Section 3(15).
- Income-tax Act 1961 (repealed 1 April 2026), Sections 23(2), 24, 71(3A), 71B, 80EE, 80EEA and 115BAC, as amended by the Finance (No. 2) Act 2014, the Finance Act 2017, the Finance Act 2019 and the Finance Act 2025 (Act No. 7 of 2025).
- Income-tax Rules 2026 (G.S.R. 198(E), 20 March 2026), rule 15(5)(a) with Table IV serial 1, and rule 205(2) Table serial 3 (Form No. 124).
- Ministry of Housing and Urban Affairs, Compendium of House Building Advance Rules, OM No. I-17011/13/2024-H.III dated 6 August 2025, consolidating OM No. I.17011/11(4)/2016-H-III dated 9 November 2017.
- Ministry of Housing and Urban Affairs, OM No. I-17015/2(2)/2024/H.III dated 27 March 2025, House Building Advance interest rate of 7.44% for 2025-26.