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Housing loan & tax exemption

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S.R.D.

PROP.

62 Points Posted on 04 September 2013

Hi,

here is a tax planning we supposed to do, which i want to discuss with you friends,

2 brothers purchased 2 flats in same building 1st flr & 2nd flr.

this only one property which is held by each brother.

salary income comes under 30 % in income tax slab.

housing loan on each property is around Rs. 75,00,000/-

EMI approx 75000/- p.m. (9,00,000/-per yr)

both brother are salaried person, and having HRA (but not claiming) also.

now our query is

1. can both brother make rent agreement with each other even they are in same building but on diff. floor ?

2. so can both brother claim HRA from employer ?

3. can they Add Rental Income To owned Property after 30 % deduction u/s 24.

4. as it is rented property will they able to claim actual Interest on house Property (after deducting rental income)

6. will it considered as tax planning, and any judgement related to topic ?

Need Your Help on this issue.

Regards,

Shailesh R. Dhuri

Replies (1)

Richa Sharma

57 Points Posted on 04 September 2013

Hello shaileshji,

Well technically rental thing seems okay, but practically when if at all it comes to representing the facts with department, complete details has to be given such an arrangement shall be caught and disallowed because:

-since the assessee has a flat of his own in the same building there is no requirement to take flat on rent and that too from his relative only.

-secondly though this arrangement seems to be profitable and successful one, the major drawbacks are:

1)flat in same building

2) flat of his own brother.

due to these two reasons, the assessee is at risk coz ultimately at the department, all the details are required to be submitted especially the address of his own flat and his rental flat.