Hra

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chaitanya (Querist)
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12 August 2011 My friend has working in a software co. bangalore, upto last year december he has resided in rented property and after that he bought a house shifted from january onwards.
Recently he got notice from the department saying that YOU CANT CLAIM LIKE THAT..is my friend is correct or the department..if my friend is correct what are the relevent case laws for going for appeal?

As i ve got the response stating that i can claim both if and only if the property should given for rent, but he is residing in the property cant he claim both if has not gave it for rent?
I got two responses but there is DEVIATION between the two.
please give some case laws, as i wanted to go for the appeal.

Please revert back with relevent case laws.
Thanks in advance

CMA. Murali

CMA. Murali (Expert)
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12 August 2011 He can claim HRA Exemption upto Dec 2010 as per sec 10(13A) Rule 2A and there after interest u/s 24 b.

U S Sharma

U S Sharma (Expert)
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12 August 2011 if the subject property carry " income from house property" i.e rented, then you can avail both simaltenously, otherwise any one at one time.

chaitanya

chaitanya (Querist)
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12 August 2011 i have modified the question please look into it and revert thanks

chaitanya

chaitanya (Querist)
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12 August 2011 i have modified the query, please look into it and rvert..thanks

CMA. Murali

CMA. Murali (Expert)
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12 August 2011 You can claim both only when you let out the property and stay in a rented house.
If you stay in your own house you can claim only Interest benefit and not HRA Exemption.

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