Urgent - HRA Exemption u/s-10(13A) & Deduction u/s-80GG

Tax queries 639 views 1 replies

Hello Sir / Madam / Friends,

                                             An assesee has received Intimation u/s-143(1)(a) for proposed adjustment for claiming both HRA exemption u/s-10(13A) & deduction u/s-80GG. So, the Department disallow deduction u/s-80GG as the assessee was in receipt of HRA.

The assessee has satisfied all the conditions for claiming deduction u/s-80GG & also filed form 10BA. And as far as the receipt of HRA is concerned, it is only for the months of February & March, 2019 when he was on payroll with a new company & TDS deducted /s-192. For the period April 2018 to January 2019, he worked as a consultant in an engineering firm for which TDS deducted u/s-194J. 

Hence, accordingly he claimed deduction u/s-80GG for April to Jan 2019 & HRA exemption u/s-10(13A) for Feb & March, 2019.

He is having all rent receipts, rent agreement, TDS certificates, payslips, etc.

Can he submit his response to this intimation online explaining the same & attaching proofs?

Or accept the unintentional mistake if the provision is like you cannot claim deduction u/s-80GG even if you receipt HRA even for a month during the whole Previous Year, which seems to be very illogical?

Please Clarify. Better if a relevant case can be referred.

Thanks in Advance.

Replies (1)
No breaking into parts. ( that is system parameters)
Either 10(13A) or 80GG in FY

But strictly speaking both should be allowed in your case provided follow up this issue and succeed in convincing AO or CPC through correspondence or Rectification application under section 154


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