Rebate u/s 80

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 February 2012 Dear Friends, kindly confirm whether a person can claim rebate U/s 80 by paying home loan instlement, whereas house is in the name of his wife, but he has taken home loan on his name. Secondly, he his paying rent to his wife on the same house & also claiming HRA. Please suggest, whether he can claim both the deductions. Thanks in advance.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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27 February 2012 He can not claim the exemption in respect to HRA as the person can not be simultaneously become a tenant and deemed owner for the same HP.
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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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27 February 2012 i) Since husband is not the owner of the house, he can't avail deduction u/s 80C.
ii) No commercial advantage is expected between husband and wife during the existence of marriage,hence husband can't claim HRA exemption u/s 10(13A).

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