Mr.x has a owned house and he is claiming as self occupied and gets exemption in chapter VI for principal and interest.
At the same time he is residing in a house which is owned by his father.He pays rent to his father thru cheque,he has a valid leave and license agreement.He has provided rent receipts, paid rent thru cheque and has all valid documents.
My query is : is he eligible for both HRA and chapter VI deductions ? Can you please cite any case law for this if any. or any section reference ?
01 February 2010
1) He can claim HRA Exemption.(Sec 10(13A) 2) Principal amount is deductable u/s 80C. 3) He can claim Interest payment in houseing income.(Sec 24)(b))
BUT, is he is claiming his own house as self-residence purpose, then he should not receive any benefit from that house(Sec 23(2)).
13 February 2010
for availing HRA exmption U/S 10(13A), it is necessary that he is paying House rent, and he have no other house, which is declared by him for self occupied.