Hello Friends,
If the employer is not paying HRA and there is no mention of HRA in the form 16. Can a person who is staying on rent and his employer not paying HRA , can still claim HRA exemption while filing ITR?
Thanks
Suren
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Hra exemption ay 2015-2016
Replies (4)
Since HRA has not been granted by the employer, you cannot claim the same. Instead, you can claim deduction u/s 80GG.
Deduction in respect of rent paid [Section 80GG]
1. The deduction under this section is allowed to an assessee who is an individual.
2. This section provides for deduction in respect of rent paid.
3. To avail the deduction under this section following conditions must be fulfilled :
i. The individual shall pay rent for his residential accommodation, whether
furnished or unfurnished.
ii. The assessee should not be receiving any house rent allowance exempt under
section 10(13A)
iii. The accommodation should be occupied by the assessee for the purposes of his
own residence.
iv. The assessee or his spouse or his minor child or an HUF of which he is a member
should not own any accommodation at the place where he ordinarily resides or
perform duties of his office or employment or carries on his business or
profession; or
v. If the assessee owns any accommodation at any place other than that referred
to above, then such accommodation should not be assessed in the hands of the
assessee as self occupied property.
vi. The assessee should fulfill such other conditions or limitations as may be
prescribed, having regard to the area or place in which such accommodation is
situated and other relevant considerations.
vii. The assessee should file a declaration in Form 10BA, confirming the details of
rent paid and fulfillment of other conditions, with the return of income.
3. Quantum of Deduction – The deduction shall be the minimum of the following
amounts :
i. Excess of rent paid over 10% of „Adjusted Gross Total Income‟;
ii. 25 % of the „Adjusted Gross Total Income‟
iii. ₹ 2,000 per month.
Adjusted gross total income means the gross total income as reduced by the
following:
(1) Amount of deductions under sections 80C to 80U (excluding section 80G),
(2) Any income on which income tax is not payable,
(3) Long term capital gains and
(4) Short term capital gains of the nature referred to in section 111A ( i.e. short-
term capital gain on transfer of shares through a recognised stock exchange
which are taxable @ 15%.
(5) Income referred to in sections 115A, 115AB,115AC, 115AD, 115BB and 115D.
What about th case where in employer gives HRA but its not mentioned in Form 16 as exempt income since the employee didnt submit rent reciepts on time.
Can the employee now get HRA exemption while filing the ITR ?
Thanks
Yes...u hv to calculate as mentioned abv on your own...n fill accordingly
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