Hra is not mentioned in form 16

1861 views 10 replies

HI,

I have a couple of questions.

1 ) Last year I have worked in two companies. HRA is not mentioned in both the companies Form 16. Some are saying we can claim only Rs.24000/- as HRA under section 80GG. Is that true? If its not true how do i calculate the HRA amount because i see some formula to calculate the same based on the basic salary and my basic salary is different in both the companies. Could you please help me to calculate my HRA?

2) How to file online if i have two form 16 because there is one box for each item in the ITR form . Do i need to sum up both the form 16 and fil up the data?

 

 

 

 

Replies (10)

For: -

1) Yes claim 80GG, you will have to do that monthly basis and sum it up. (for your basic salary part and da as well).

2) you have to sum up your salary from both the companies.

1. Deduction u/s 80GG is allowed 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

[ Declaration in Form No. 10BA. is reuired]

 

2. In TDS schedule you will have to give details of both the employers (since TAN and TDS would be different). For reporting in Gross total income you will have to sum it up.

1) I have paid a rent of 8300/- per month, 96000/- per year. But when i file using 80GG i can claim only Rs.24000/- as HRA..right? How do i get the tax exemption for the whole Rs.96000/- . I am very unclear on this. My form 16 doesn't mention any HRA. But i need tax exemption for the amount 96000/- .. Is it possible ?

 

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 10there 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 :

  Bombay/Calcutta/Delhi/Madras Other Cities
  ■  Allowance actually received ■ Allowance actually received
  ■  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. 

Thanks Sir.

Employer didn't mention the HRA amount in the Form 16. because the employer didn't get the HRA documents before am leaving from the company.That is the reason they didn't mention that amount in the Form 16. 

In both the companies where i worked last year, they have option for HRA but the problem is they didn't mention it in the Form 16 because they didn't collect the documents from me before leaving from the office.

Now please tel me whether am eligible for HRA amount of 96000/- per year or HRA amount of only 24000/- per year as per 80GG.

 

 But did you received the money towards HRA?

If there is any error in form 16, then while filing the return same can be rectified by the assessee. So , if you actually received HRA then you may claim exemption u/s 10(13A)

LEST you will have to opt S.80GG

Yes i actually received HRA. But no such information in my Form 16. But am going to recalculate the head salary based on the rent amount i paid during the year. Is this looks fine?

Yes

Text from instructions for filing ITR

 

However, if the income has not been computed correctly in Form No. 16, please make the correct computation and fill the same in this item.

I actually received HRA but no information about the HRA amount in my Form 16. Can i go ahead and recalculate considering the HRA amount.Please guide me.

Yes, you can 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register