Tax Consultation (US and India)
2970 Points
Joined September 2011
Sir I cited relevant extracts from S. 80GG. For claiming Exemption u/s 10(13A) ,that is HRA, you must be receiving HRA from your employer. If you are not receiving any HRA from employer then you can claim Deduction u/s 80GG.
Deduction u/s 80GG shall be restricted to 24,000 and is not available on entire amount.
You may claim HRA u/s 10(13A),if applicable , and if you find it more beneficial.
You can either claim HRA or 80GG
You may use HRA calculator for computation (can be found in files section of this site)
[I have mentioned criteria at the bottom]
"80GG. In computing the total income of an assessee, not being an assessee having any income falling within clause (13A) of section 10, there shall be deducted any expenditure incurred by him in excess of ten per cent of his total income towards payment of rent (by whatever name called) in respect of any furnished or unfurnished accommodation occupied by him for the purposes of his own residence, to the extent to which such excess expenditure does not exceed two thousand rupees per month or twenty-five per cent of his total income for the year, whichever is less, and subject to 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 :"
HRA
S10(13A) any special allowance specifically granted to an assessee by his employer to meet expenditure actually incurred on payment of rent (by whatever name called) in respect of residential accommodation occupied by the assessee, to such extent as may be prescribed having regard to the area or place in which such accommodation is situate and other relevant considerations.
Explanation.—For the removal of doubts, it is hereby declared that nothing contained in this clause shall apply in a case where—
(a) the residential accommodation occupied by the assessee is owned by him ; or
(b) the assessee has not actually incurred expenditure on payment of rent (by whatever name called) in respect of the residential accommodation occupied by him ;
Rule 2A prescribes the quantum of exemption available, which will be the least of the following :
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Bombay/Calcutta/Delhi/Madras |
Other Cities |
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■ Allowance actually received |
■ Allowance actually received |
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■ Rent paid in excess of 10% of salary |
■ Rent paid in excess of 10% of salary |
| |
■ 50 per cent of salary |
■ 40 per cent of salary |
'Salary' for this purpose includes basic salary as well as dearness allowance if the terms of employment so provide. It also includes commission based on a fixed percentage of turnover achieved by an employee as per terms of contract of employment but excludes all other allowances and perquisites.