Chartered Accountant
194 Points
Joined November 2011
Section 10(13A) read in conjunction with Rule 2A states that an assessee is not entitled to claim an exemption if the assessee receiving HRA stays in his own house, or does not pay any rent or incur any expenditure towards rent.
In your case, you're not living in your house, and you're paying rent for your personal accommodation.
A plain reading of the section suggests that you are not barred from claiming a deduction from the amount of HRA received, while simultaneously claiming a deduction for the interest payments under section 24b and a deduction for the principal sum paid under section 80C.
Therefore, you're free to claim a deduction for the HRA received(The computation methodology can be found in Rule 2A of the Income Tax Rules, 1962), and also deductions for repayment of your housing loans along with interest, only to the extent of your burden after apportioning your share of the payment in the joint loan.
Also, make sure that the rent you're paying exceeds 10% of Salary. If it doesn't, you cannot claim a deduction for the HRA.
Cheers,
Sam