Query regarding HRA.

This query is : Resolved

Guest

Guest (Querist)

26 July 2010 Dear Experts,

A is a salaried individual.

Due to delay in producing the rent receipts by A, employer deducted the necessary tax and issued Form 16, where there is no HRA deduction.

Query

Whether A can claim the actual rent paid of Rs.6000/- p.m. by his own computation and file the Income Tax Return ?

Ans : .................

By doing so, will there be any disallowances by Assessing Officer due to mismatch of Form 16 (Salary) and the Income Tax Return. (A has actually paid and is able to produce the rent receipts / a letter from the House Owner confirming the rent received by him. All payments are through NEFT only)

Ans : .................

Experts may speak out from their real experiences. Thanks for all.

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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26 July 2010 Form 16 is only a internal document between employer & employee. Figures of form 16 & that of actual ITR can vary.

I have seen many instances where form 16 has been issued based on fewer amt of 80C rebate, whereas the employee has actually done investments under 80C for more amount.

This can always be altered in the ITR. The only figure which can't be changed is the Tax deducted at source.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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26 July 2010 AGREED, YOU CAN CLAIM ANY DEDUCTION IN HIS ITR WHETHER IT IS SHOWN IN FORM 16 OR NOT.
JUST LIKE DEDUCTION FOR 80G WHICH IS NOT CONSIDERED BY EMPLOYEE FOR TAX DEDCUTION, YOU CAN CLAIM IT. AND ANY OTHER DEDCUTION WHICH YOU NEED TO CLIAM, BUT YOU HAVE NOT CLAIMED IN FORM 16, YOU CAN CLAIM IT IN ITS ITR.

Guest

Guest (Querist)

26 July 2010 Dear Friends,

Thank you so much for your replies.

Still, I would like to mention :

I am aware of HRA under section 80GG (Deduction for rent paid where no HRA is rceived. Maximum eligible amount is Rs.24,000/-).

I would like to have the 'eligible' higher amount than Rs.24,000/- as per the regular HRA computation.

Whether I can use regular HRA computation (in the absence of deduction in Form 16) and avail the benefit and mention in the ITR and claim refund.

I need some more clarity, please.

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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26 July 2010 Your case is not of "HRA not recd" but its a case of HRA recd but IT benefit not given in form 16.

So, in your case , regular HRA calculation will apply.

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