Tax benefit on hra and home loan -available or not? read mo

Prerequisite to claim interest exemption & principal deduction is that construction of the property should have been completed by the end of financial year in which loan was borrowed. So I assume here that construction would be completed by end of financial year. Otherwise no deduction/exemption is allowed in current year.

HRA Exemption: The person is getting HRA and paying house rent, hence, he can claim HRA exemption under sec 10(13A) of the act.

House loan principal payment: Yes, he can claim deduction for principal paid u/s 80C up to 100,000.

House loan interest:

1) If property is not in same city and person is not able to occupy it due to his job: It would be deemed as self-occupied property and person can claim Interest exemption up to 150,000.

2) If property is situated in same city but person has not occupied the property (as he is claiming HRA) : it would be deemed as let out property  (if not let out actually)  and notional income would be taken as Income from House property. In this case person would get standard deduction (30% of GAV) and there is no limit for house loan Interest exemption.

In short, a person can not claim HRA as well as HL benefits if both the houses are in same city because:

“Under Section 10(13A) of Act any special allowance specifically granted to an assessee by his employer to meet expenditure incurred on payment of rent (by whatever name called) in respect of residential accommodation occupied by the assessee is exempt from Income-tax”

“Sec 24(b)(i) the deduction is allowed only in case of house property which is owned and in the occupation of the employee for his own residence”

Both the provision say that “property should be occupied by the assessee” and one person can not occupy two houses at the same time.

@ Santosh Mishra,

There is no section 24(b)(i) in the income tax act. 

At point 2), you have mentioned that there is no limit to claim interest.

I could not understand the conclusion in which you said, HRA and Interest benefits cannot be taken if the houses are situated in same city.

_____________

 Both HRA and HL benefits would be available to assessee, whether the property are situated in the same city or not. 

It would be deemed let out and assessee can claim benefit of HL.

The querist might be confused when you wrote - "In short, a person can not claim HRA as well as HL benefits if both the houses are in same city because -"

Thanks for clarifying. 

You may be right. But I clearly quoted in my point 2 that property can not be treated as self occupied property as person has already occupied a rented house.

@ Generally such queries are raised by users who want to know whether they can claim HRA as well as house loan benefits for a property in same city. I just wanted to clarify, yes, they can but it would be treated as let out property and they need to show notional rent as well.

 Thanks for confirming my views.

Actually quation is I stay in rented premises & purchase one property which will give possation after 2 years, Whether I can claim both HR & HL benefit during this two years??? Quick reply pl

As of now, You can claim only HRA. As far as exemption for housing loan is concerned, that would depend

on the situations after completion of the property. 

Thanks for your quick reply. But why should not i claim HRA as well as HL benefit on the basis of fact that I am residing in rented premises & getting HRA and paying interest & prencipal for under construction property on bank loan. If not elegible as per above fact than kindly give section in which it was written.

Thanks

ok. Please let us know how you want to claim the benfits , as a self-occupied or let out propery, then I can answer concisely.

On the basis of it is nither self occupied nor let out property because in both the situation property should be at usable condition. In our situation it is under construction property.

Then, not at all, you can claim only HRA. Of course there are provisions to claim pre-construction period interest after completion of the house.

Can you pl give me the section as well as details for provision to claim preconstruction interest after completiion of construction

As per section 24, you can avail benefit of pre -construction period interest paid in five equal installments starting from the year in which construction has been completed.

Hi,

here is a tax planning we supposed to do,  which i want to discuss with you friends,

2 brothers purchased 2 flats in same building 1st flr & 2nd flr.

this only one property which is held by each brother.

6. will it considered as tax planning, and any judgement related to topic ?

Need Your Help on this issue.

Regards,

Shailesh R. Dhuri