HRA/House propery loss

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makhayyum (Querist)
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24 July 2009 Dear All,

I have a residential house in hyderabad where my mother is staying(i'm paying principle & Interest).I stay in another area in a rented house due to my employment, but in the same city.

My question is can i claim HRA & House propery loss in my self declaration while giving to Employer.Does the employer has right under any section of IT act to reject the same.

Please clarify with case laws/sections if any.

Thanx in advance,

Regards,
Khayyum

chetan soni

chetan soni (Expert)
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24 July 2009 yes, you can claim both (HRA & interest on hsg loan)provided the rented accommodation is reasonably away from your house property. And the rented accommodation is occupied due to employment.

Now in your case
1. rented accommodation is occupied due to employment purpose, then you can claim the HRA
2. Hsg property should be reasonably away from rented accommodation. Now reasonably away means there should be atleast 50 KM distance or located in the different municipal limits.

Also employer can reject this is the above conditions does not fulfill otherwise employer can not reject the claim.

makhayyum

makhayyum (Querist)
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24 July 2009 Dear Mr.Chetan Soni,

Tx alot for your valuable advice.
As you said the Housing property is in Gram panchayat limits,where as rented accomodation is in HYD municipal limits.But the distance between rented accomodation & Housing property is only 15 KMs.

Please advice in this regard.

Thanx in advance,

Regards,
Khayyum

makhayyum

makhayyum (Querist)
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Aditya Maheshwari

Aditya Maheshwari (Expert)
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24 July 2009 Then you will not be able to claim both as Mr. Soni has said both the properties must be atleast 50 km away from each other. hence you will not be able to claim both.

makhayyum

makhayyum (Querist)
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24 July 2009 Dear All,

The Distance between House property & Rented accomodation mentioned by Mr.Soni as 50 KM.I would like to know whether the limit of 50 KM is mentioned any where in I.T.Act or any case law to refer the same.
Since the municipal limits are different, can't i claim both.

Please clarify.

Thanx & Regards,
Khayyum

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