Claim of HRA Receipt

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This query is : Resolved

Akhil Gupta (Querist)

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)

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)

07 March 2008 NO U CANNOT CLAIM 7100/-AS RENT

Akhil Gupta

Akhil Gupta (Querist)

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)

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)

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)

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