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Itr - computation

amit kumar (Student CA Final ) (123 Points)

28 July 2014

Dear Experts,

If employer is not showing Transport Allowance, Mediclaim ALLOWANCE or any other Exempt allowance and has deducted TDS on Salary and Issued Form 16. Can Employee by himself claim Deduction of Exempted allowances in his ITR ,which were not Shown by the Employer in Form 16.

Kindly Rpl fast.

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12 Replies

Mihir (Wealth Manager) (5293 Points)
Replied 28 July 2014

Yes, the assessee may claim exempt allowances in ITR.

NILA REJESH P (Chartered Accountant) (815 Points)
Replied 28 July 2014

Yes, he can.

amit kumar (Student CA Final ) (123 Points)
Replied 28 July 2014

If Assessee claims Medical allowance deduction of Rs.15000 and Trasport allowance of Rs.9600. will there b any requirement to produce Evidence of it as employer is not showing them in Computation n deducting excess tds.

Hitesh Khanna (Accounting & Finance Taxation Company Law Audit ) (839 Points)
Replied 28 July 2014

I would not advise that the assesse should claim them in the absence of any such evidence.

Where Form 16 is issued and the Amount is mentioned under the head Basic Salary only, claim by the assessee shall amount to mismatch of Amount Taxable under the Head salary as per Form 16 and as per Return.

amit kumar (Student CA Final ) (123 Points)
Replied 28 July 2014

Yes agreed with Mr.Hitesh. I also asked my CA,he too said that assesse can't claim it as when Employer has not considered it.

CA J.Alamelu lakshmi (Chartered Accountant) (852 Points)
Replied 28 July 2014

But if your Salary includes HRA , Medical or Travelling Allowance separately, then you can claim deductions to that extent as per sec 10 subject to availability of bills to be produced if required by the dept. (even though not considered by employer)

But if your Salary has only Basic or if it doesn't contain the Allowances separately, deduction cannot be claimed.

Tribhuvan Aditya Singh (Student as well as Self-employed) (3710 Points)
Replied 28 July 2014

if you can prove that those amt were recvd in the nature of allowances then you can claim it in your itr even though it has not been considered by employer in form 16.

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 28 July 2014

Yes, compute all such deductions/reliefs at the time of filing the return keeping in view the exact limits and provisons and claim the excess TDS as refund for the year.

Avi Sharma (1) (27 Points)
Replied 29 July 2014

Yes, he can prepare his return by considering such allowances and claim valid refund in excess of TDS deducted by the employer from genuine TDS after considering such allowance exemption. I. Tax Deptt. shall not impose obligation on it.

Jaspal Singh (Practising CA) (321 Points)
Replied 29 July 2014

Yes,He can claim it provided he has evidence in his possession on the basis of which he is claiming the said amounts.He can file ITR by providing them in the appropriate place.And can claim refund on the Excess Tds..

NITIN KOTAK (SERVICE) (1465 Points)
Replied 29 July 2014

Only conveyance allowance is claimable no supporting required but other allowance will be claimable if allowance received in break up up to the provision u/s 10 of relevant allowance