LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Hra not exempted in form 16 by employer

Atulb (Employee) (29 Points)

30 July 2013

Hi Experts,

I am a salaried employee and I have changed job in month of Jan 2013.

So I have two Form 16, one from previous employer and one from current employer.

At the time of leaving the previous company I had submitted Rent slips and other investment document proofs.

However due to some problem those document didn’t reached to concerned department and they have not exempted my HRA component under u/s 10.

Also my current employer have not exempted my HRA, as I could not furnish the document(rent slip on time) due to relocation.

How can i take the HRA exempt?

If i mention the 'income under head salary' from both employer after deducting HRA will there be any issue? As amount on Form 16 provided by both employer and amount I will be mentioning in ITR-1(TDS tab) different?

Reply
Follow
Share

9 Replies

CA Nitin K. Varshney (FCA DISA CCA Peer Reviewer (ICAI)) (606 Points)
Replied 30 July 2013

Dear Atulb,

YOu can claim the deduction of HRA and all other investments, not shown in form 16. there is no problem at all in claiming extra deductions while filing ITR. It may be possible that few deductions were omitted during generating form 16, but you can claim them at the time of filing ITR.

Swami Ayyappa Nuli (TAX ADVISOR & CONSULTANT AT G.S.T SUVIDHA CENTER) (1372 Points)
Replied 31 July 2013

generally T.D.S on salary will be calculated based on information given by you i.e Income from all other sorurces and 80C deductions and even income from other employees also.so it does not matter for u even though T.D.S is deducted at higher rate as they did not consider H.R.A.while filing ur ITR ,u need to claim exemption regarding H.R.A wheather ur employer consider it at time of deduction of T.D.S.

TDS is nothing just like advance,how u adjust ur advance against final liability u should adjust T.D.S against ur income tax payable.here FINAL LIABILITY is computation of tax as per ur relevant liability

correct me if i anm wrong

CA Nitin K. Varshney (FCA DISA CCA Peer Reviewer (ICAI)) (606 Points)
Replied 01 August 2013

you are absolutely right nuli swami. tax liability is finalised at the time of ITR filing.

Ankit G (PM) (22 Points)
Replied 09 July 2014

Can u help me wch form ITR1 or ITR 2 ( and how which sheets ) shud i use to correct the HRA amount which has not been considered by my previous employer in preparation of Form 16.

Thanks

(Guest)

I was employed with 02 employers in FY 13-14.
    However, by while calculating IT & as per form 16 HRA deduction has not been considered.
    Though tax deducted overall by 02 employers is less than my liability, I intend paying balance tax as self assessment tax with taking HRA in consideration
    Can I claim this deduction while filing ITR & how?
    Which form to use ITR I or II
Regards

Neeraj

CA Nitin K. Varshney (FCA DISA CCA Peer Reviewer (ICAI)) (606 Points)
Replied 04 August 2014

dear neeraj & ankit, both of u cn file ITR 1 and claim all d deductions, nt claimed in form 16. self assessment tax is also claimed in it.

prasad (Others) (21 Points)
Replied 23 June 2015

I shifted to new employer in the month of march and I didn't submit house rent receipt for march month. As per your discussion, I came to know that I can avail tax examption for HRA.

But my question is that, Do I need to submit rent receipt to Tax Department as attachment with ITR-1 and post it to IT department?

M N V N Kumar Somisetti (Others) (21 Points)
Replied 02 July 2015

I shifted to new employer in the month of august 2014 and I didn't submit house rent receipt and medical bills from april 2014 to july 2014 months to employer. As per your discussion, I came to know that I can avail tax examption for HRA. But my question is that, how to fill ITR-1 to exempt from hra and Do I need to submit rent receipt and medical bills to Tax Department as attachment with ITR-1 and post it to IT department?

prem varma (accountant) (31 Points)
Replied 04 January 2018

I am Sanjay Gurao, I calculated salary as per employees orealy communication of Rs. 340000/- ie. 150000/- Housing loan Priciple 150000/- Housing loan interest 40000/- Medical claim deduction and remaining tax on taxeble income paid by me. but employee refuse to documention abovesaid their saving and he want form 16 withot proof of income in that case what I do please clarrify

Thanking in anticipation.