MY CLIENT HAD PURCHASED ONE PROPERTY ON AY 12-13 BUT AGREEMENT NOT YET DONE ONLY ADVANCE GIVEN & HOUSING LOAN IS PASSED, WHICH IS IN UNDER CONSTRUCTION , POSSESSION WILL GET IN 2YEARS
ALSO HE DOES NOT HAVE ANY OTHER PROPERTY.
NOW MY QUESTIONS IS WHETHER HE IS ELIGIBLE FOR 80GG DEDUCTION FOR AY 12-13 BECOUSE HE IS PAYING HOME RENT EVERY MONTH ??
Yes, He can claim deduction u/s 80GG.
Section 80GG allows the employee to a deduction in respect of house rent paid by him for his own residence. Such deduction is permissible subject to the following conditions :-
(a) the employee has not been in receipt of any House Rent Allowance specifically granted to him which qualifies for exemption under section 10(13A) of the Act;
(b) the employee files the declaration in Form No. 10BA.
(c) He will be entitled to a deduction in respect of house rent paid by him in excess of 10% of his total income, subject to a ceiling of 25% thereof or Rs. 2,000/- per month, whichever is less. The total income for working out these percentages will be computed before making any deduction under section 80GG.
(d) The employee does not own:
(i) any residential accommodation himself or by his spouse or minor child or where such employee is a member of a Hindu Undivided Family, by such family, at the place where he ordinarily resides or performs duties of his office or carries on his business or profession; or
(ii) at any other place, any residential accommodation being accommodation in the occupation of the employee, the value of which is to be determined under Section 23(2)(a) or Section 23(4)(a) as the case may be.
The Drawing and Disbursing Authorities should satisfy themselves that all the conditions mentioned above are satisfied before such deduction is allowed by them to the employee. They should also satisfy themselves in this regard by insisting on production of evidence of actual payment of rent.
CAclubindia
