Salaries (hra)

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niraj gajjar

niraj gajjar (Querist)
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14 January 2012 there has been rent agreement between husband and wife. whether HRA can be claimed by husband or not?

CA Dileep Surya Kumar

CA Dileep Surya Kumar (Expert)
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14 January 2012 Normally husband and wife supposed to stay together , relationship between wife and husband is not in commercial nature.

Income tax department will not accept even if you execute rental agreement.
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My opinion you can not claim HRA exemption for rent paid to wife.

CA SIDHARTH HIRALAL PATNI

CA SIDHARTH HIRALAL PATNI (Expert)
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14 January 2012 If the house is in the name of wife, then husband and wife can execute rent agreement and husband can claim.

I am also agreeing with author that due to nature of relation IT Dept. will not accept the same.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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15 January 2012 Indian laws doesn't permit to take a 'commercial advantage' out of marital relationship. So such tax planning for tax savings may be avoided to avoid prolonged litigation.

Amit

Amit (Expert)
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18 January 2012 Agreed with Experts