HRA u/s 10(13A)

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pradeep (Querist)
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07 January 2011 I m having one house in my own name and i myself reside on rent and the company gives HRA to me.can i Claim the Exemption u/s 10(13A)?

poonam

poonam (Expert)
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07 January 2011 Hello Pardeep.
if you have a owned property in differ city and a rented house in differ city both exception can be claimed but the owned property shouldnt be rented.

but if you have owned and rented in same city it's normally couldnt be claimed. but in metros yoyu can prove the distance of the office and owned hose and then only you can claimed

pradeep

pradeep (Querist)
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07 January 2011 Mam I agree with u,

But i need a strong reason to sustain my point as per me the same shall not be allowed becoz HRA is admissible to those persons who did not own there flat. but in my case my own house and the rented flat are in same bldg so what to do now

Pls give reply with some strong supportings
so i can argue with them

CMA. Dinesh S Adhikari, ACMA

CMA. Dinesh S Adhikari, ACMA (Expert)
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07 January 2011 Hello Pradeep,

See as you mentioned section 10(13A) here and in this section nothing has been mentioned that on occupation of own house the assessee cannot claim HRA exemption. Therefore, if you are paying rent for rented property then on submission/producing of all required documents, eg, rent receipt, rent agreement, you can claim HRA deduction.

The rule that both houses should not be in same city is mentioned under section 80GG, where you do not get HRA amount and staying in rented premises.

Therefore, if you are getting HRA then you can claim deduction u/s 10(13A), there is not any problem.

regards
Dinesh S. Adhikari

Manmohan ACA, CS

Manmohan ACA, CS (Expert)
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07 January 2011 There is no section in IT Act which prohibits a person from claiming exemption u/s 10(13A) and section 24(2(a)[self occupied house property], so you can claim exemption under both the section.

pradeep

pradeep (Querist)
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08 January 2011 Thanks to all 4 reply

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