Hra & tax libility

1057 views 6 replies

Hi,

Me and my wife are working as Salaried employees in Mumbai in diffrent companies and recieve HRA. Till last year Me and my wife pay rent from a join a/c for the place we stay in Mumbai and clain HRA deduction  (HRA on the propotianate rent paid by each of us)

 

I have recently purchased a flat in Thane  via Home loan on my name only and hence planning not to claim HRA this year however expecting that and my wife will be able to claim entire rent in HRA as we still be staying in rented accomodation 

1. Can I clain Sec 80C and Sec 24 on my house loan and my Wife claim HRA on entire rent (purchased house will not be let out and will remain empty)?

2. Do I need to add any notional rent income on my property while calculating my taxes?

 

Replies (6)

allowed sir,

there is a provision in income tax act which states that if an assessee could not reside in his house due to his employment, the house is exempt from charging income from house property and 80C deduction can still be claimed b'coz nowhr income tax act states that the assessee should himself reside in the house for claiming deduction...

as far as HRA is concerned, the deduction can still be claimed............

let others also write their  views................

According to section 23(2)(b) SOP includes a house which cannot be occupied by the owner by reason of fact that owing to his employment,business or profession carried on at any other place,he has to reside in that place in a building not belonging to him.. So in your case house in Thane will be considered as deemed let out property.. And hence you can claim deduction u/s 80C and 24 and also you must disclose notional rent...

Agree with Asha

Agree with Asha

I don't agree with Asha ji,

Read this..............

Annual Value of one house away from work place [Section 23(2) (b)]


A person may own a house property, for example, in Bangalore, which he
normally uses for his residence. He is transferred to Chennai, where he does not
own any house property and stays in a rental accommodation. In such a case, the
house property in Bangalore cannot be used for self-occupation and notional
income, therefore, would normally have been chargeable although he derives no
benefit from the property. To save the tax payer from hardship in such situations,
it has been specifically provided that the annual value of such a property would be
taken to be nil subject to the following conditions:
• The assessee must be the owner of only one house property.
• He is not able to occupy the house property because of his employment,
business etc., away from the place where the property is situated.
• The property should not have been actually let or any benefit is derived
therefrom.
• He has to reside at the place of employment in a building not belonging to
him.

If an assessee does not attract sec 23(2)(b) and if he doesn't reside in that house.. Beside that he is not letting it out.. In such case the property will attract sec 23(4) that is deemed let out property .. All the provisions under LOP(let out property) will be applicable...

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