Claim of HRA Receipt

This query is : Resolved

Akhil Gupta (Querist)
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07 March 2008 Fact: My wife has taken a house on rent against which she has no rent agreement from the land lord. I have taken that house on sub rent from her without any sub rent agreement and as per mutual understanding I am paying the rent Rs. 2100/- to the actual landlord and balace Rs. 5000/- in cash. And as she has no other income she did not file ITR.

Query: Whether I can claim Rs. 7100/- as Rent Receipt on the basis of above fact?
Whether I had to prepare a sub rent agreement for claiming rent receipt?
Whether such income will be clubbed in my income?

Please explain.

CA. GOPAL SONIKA

CA. GOPAL SONIKA (Expert)
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07 March 2008 No u cannot claim Rs.7100/- as rent. Further, it is good if you prepare a sub rent agreement.

CA Saurabh Maheshwari

CA Saurabh Maheshwari (Expert)
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07 March 2008 NO U CANNOT CLAIM 7100/-AS RENT

Akhil Gupta

Akhil Gupta (Querist)
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07 March 2008 Thanks for your reply. My further query on that point are as follows:
1) If there is no sub rent agreement than whether Rs. 2100/- be calimed as rent receipt since the same is paid by cheque.

2) If there is a sub rent agreement than:
i) Whether it is compulsory to have a rent agreement for my wife?
ii) Whether rent receipt of Rs 7100/- can be claimed by me if my wife files her ITR showing that income?

CA. GOPAL SONIKA

CA. GOPAL SONIKA (Expert)
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07 March 2008 Only the rent paid to the wife as per agreement can be claimed by you because ur not the owner of the house.

Chintan Gajjar

Chintan Gajjar (Expert)
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07 March 2008 I am also of the same opinion that you can't claim Rs.7100/- as a rent. Thanks.

R.V.RAO

R.V.RAO (Expert)
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07 March 2008 ACTUAL RENT PAID AS PER THE RENT/SUB RENT AGREEMENT ENTERED INTO BETWEEN THE LESSOR AND LESSEE CAN ONLY BE CLAIMED AS RENT ON PRODUCTION OF RECEIPT.
SO IF RENT AGREEMENT IS THERE FOR RS 7100/-YOU MAY CLAIM SAME AS RENT .
CLUBBING PROVISIONS DO NOT APPLY.
R.V.RAO