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Claiming hra exemption during it filing

Malay (NA) (39 Points)

25 February 2014

Hello,

During tax planning in my compnay , I have declared my house rent as Rs.8332 as my landlord has not given the PAN card. Actual rent paid by me is Rs.16,000.

Now, I have convinced my owner to either provide the PAN number or a declaration ( stating that he dont have a PAN card). But IT comutation process is completed in my company.

So, my question is "Can I show the actula rent i.e. Rs16,000 during IT filing and ask for tax refund?"

Thank you in advance.

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7 Replies

Fenil Shah (Audit & Tax Executive) (402 Points)
Replied 25 February 2014

Why do you need to give details about PAN of landlord ? There is no need of such details. While claiming exemption for HRA show actual rent whatever is paid by you.

Malay (NA) (39 Points)
Replied 25 February 2014

As teh rent paid by me is more than 1 lakh, I need to provide the PAN number or declaration by the landlord.

harish ragav (student-IPCC) (407 Points)
Replied 25 February 2014

i think that rule removed. .any how pls check with that same. . .

CA Vikrant Arora (Practicing Chartered Accountant) (67 Points)
Replied 25 February 2014

Originally posted by : Fenil Shah
	Why do you need to give details about PAN of landlord ? There is no need of such details. While claiming exemption for HRA show actual rent whatever is paid by you.

Thats why I say everytime to Articles, to read the threads only, and reply only when you know all the provisions and amendments properly. As many people read these topics for help, vague and false replies result in confusion.

Refer the circular 08/2013 dated 10.10.2013, if rent paid claimed is above Rs. 1,00,000 (applicable from FY 2013-14), PAN of landlord is to be provided. Earlier this limit was 1,80,000.

As regards problem of Malay, though the working of tax has completed by your company, still the main thing which matters is, the return of TDS (24Q) for the last quarter (ie 1-1-14 to 31-3-14), which is yet to file in your case. Provide your company with latest communication from your landlord. Though, it might be possible that tax at higher amount has already been deducted from your salary, still you can claim refund on the basis of revised data of rent paid, but only if you get the same incorporated from your employer in the TDS return.

So my advice again to those reply with :- I think . . . , may be . . . . , possibly. . . . : please avoid replies for query for which you don't know the answer.

CA Parul Saxena (CA) (8438 Points)
Replied 25 February 2014

As Mr.Vikrant said still TDS return is to be filed so you may still provide the detatils of rent to your employer but if your employer denies to consider the same then at the time of filing the ITR you may claim your refund accordingly.

harish ragav (student-IPCC) (407 Points)
Replied 25 February 2014

my bro had the same prblm that malay having now. i sugst him to show the rent as 8332...aftr couple of days my bro got the mail frm his company stating that no need of landlord pan card details. . . tats y i said "i think" the rule may be removed. . and its not my ans its jus my opinion. . and i kno the provsions and all. .