Hra calculation
This query is : Resolved
27 March 2015
In HRA calculation, for calculating rent, will maintainence charges paid, be taken into the calculation of rent paid?
27 March 2015
My personal view....
HRA Exemption is for rent paid... and we cant include maintainence charges in monthly rent.... so not allowed
but if lump sum payment is made early, then we cant separate it as rent or maintantence... then in this case ... it wil b allowed....
HRA Exemption is for rent paid... and we cant include maintainence charges in monthly rent.... so not allowed
but if lump sum payment is made early, then we cant separate it as rent or maintantence... then in this case ... it wil b allowed....
27 March 2015
if maintainence charges forms part of monthly rent then yes taken into account
27 March 2015
tushar ji plz elaborate this na... when we can say its part of monthly rent
tushar ji plz elaborate this na... when we can say its part of monthly rent
27 March 2015
Sir please give reference to your answer through the IT Act
27 March 2015
in case if rent is divided in different components but a lumpsum payment is made including maintainence charges say 15000 pm including maintainence charges but bifurcation is not done then its allowed in my view
27 March 2015
there is no definition of rent under sec 10(13A)
even rule2A does not define rent can check in this link:
https://www.incometaxindia.gov.in/Pages/rules/income-tax-rules-1962.aspx
even rule2A does not define rent can check in this link:
https://www.incometaxindia.gov.in/Pages/rules/income-tax-rules-1962.aspx
27 March 2015
https://delhicourts.nic.in/Apr11/United%20India%20%20Insurance%20Vs.%20Anup%20Kaur.pdf
https://taxguru.in/income-tax/hra-exemption-maintenance-charges-paid-separately.html
https://taxguru.in/income-tax/hra-exemption-maintenance-charges-paid-separately.html
27 March 2015
Sir, going through the case law (shared by Ankit Sir) and the income tax rule 2A, can we say that as the Income tax Act is silent about the the definition of rent we would refer to The Transfer of Property Act, 1882 for the term rent which states as follows:
Section 105 of the Transfer of Property Act, 1882 - apart from the money which is paid as rent, if any service is rendered and any payment is made in respect of the same, the same is also to be included within the definition of ‘rent’.
Section 105 of the Transfer of Property Act, wherein the word “rent” is defined. It states that money, share, services on other thing to be so rendered is called the “rent”. Thus, apart from the money which is paid as rent, if any service is rendered and any payment is made in respect of the same, the same is also to be included within the definition of “rent”.
Section 105 of the Transfer of Property Act, 1882 - apart from the money which is paid as rent, if any service is rendered and any payment is made in respect of the same, the same is also to be included within the definition of ‘rent’.
Section 105 of the Transfer of Property Act, wherein the word “rent” is defined. It states that money, share, services on other thing to be so rendered is called the “rent”. Thus, apart from the money which is paid as rent, if any service is rendered and any payment is made in respect of the same, the same is also to be included within the definition of “rent”.
27 March 2015
This can b a matter of debate.. as no clear guideliness are there dear... But usually i had seen is what i said above...
Maintenance charges if clearly known/mentioned then wil not b treated as rent
Maintenance charges if clearly known/mentioned then wil not b treated as rent
27 March 2015
ok sir...thanks a lot ankit sir and tushar sir..
27 March 2015
you are welcome sweta.......................
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