Assessee living with his wife in house occupied by her and paying rent to her through bank transfers would be entitled to exemption under section 10(13A)
Recent case law....
husband gets HRA exemption on rent paid to wife
In the instant case the AO disallowed assessee's
claim for HRA exemption on the ground that
assessee and his wife were living together and
claim of payment of rent by assessee to his wife
was made to reduce his tax liability. The CIT(A)
confirmed the addition on the ground the tenant
(i.e., assessee) and landlord (i.e., his wife) were
staying together which indicated that the whole
arrangement was a colourable device. Aggrieved
assessee filed the instant appeal.
The Tribunal held in favour of assessee as under:
1) The section 10(13A) provides that exemption
would be allowable to an assessee for any
allowance granted to him by his employer to meet
expenditure actually incurred on payment of rent in
respect of residential accommodation occupied by
the him;
2) However, the exemption is not available in case
the residential accommodation occupied by the
assessee is owned by him or the assessee has not
actually incurred expenditure on payment of rent;
3) Admittedly, the AO had given a finding of fact
that the assessee and his wife were living together
as a family. Therefore, it could be inferred that the
house owned by wife of the assessee was occupied
by the assessee also;
4) The assessee had submitted the rent receipt(s)
and payments had been duly verified. Therefore, the
assessee had fulfilled the twin requirements of the
provision, i.e., occupation of the house and the
payment of rent. Thus, he was entitled to
exemption under section 10(13A) - BAJRANG
PRASAD RAMDHARANI V. ACIT (2013)
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