02 September 2008
My friend is a salaried employee. He stays in parents house and pay them rent for which he claims HRA deduction. He resides in Delhi but his office is in noida. He wants to buy a House in Noida BY TAKING LOAN. But he will not move in there immediately.For the time being he wants to stay with parents and rent the house that he will purchase. So that he can claim full interest payable on loan.
02 September 2008
both the clauses are independent to each other and no relation what so ever between them,so it very mush clear that he can claim hra and can let out his house to other
even if his second house is delhi or even in case of adjoining house and he want to let out his own house and and wants to reside with his parent no body can challenge him and both benefit are are available to them
02 September 2008
dear Nitin can you give me the specific reason for rejection of my answer,and where in the section 10(13A) it has been mentioned that a person who own a house can not reside in the rented house ,what says the section is given below
"Explanation.For the removal of doubts, it is hereby declared that nothing contained in this clause shall apply in a case where
(a) the residential accommodation occupied by the assessee is owned by him ; or
(b) the assessee has not actually incurred expenditure on payment of rent (by whatever name called) in respect of the residential accommodation occupied by him ;]"
I think you are reading explanation "a" given above which says that he can not claim hra if residential accommodation occupied by the assessee is owned by him"
but in the given case the residential accommodation in which he resides and paying rent , is owned by his parents not by him.
so I will stick to my earlier reply that person can claim hra and house loan interest both even rented and owned house are in same city or in different cities
02 September 2008
Mr Rajan is absolutely correct. No where it is written in section 10(13A) that a person cannot own a house at a palce where he works abd for availing benefit U/s 10(13A) he should live in his own house. And the language used by Mr. Nitin is undesirable.
CAclubindia
