HRA
This query is : Resolved
13 August 2010
My landlady has refused to give the rent receipt against the rent. My department insists on producing the rent receipts to claim HRA.
is it necessary to give rent receipts . wont the affidavit suffice ?
is it necessary to give rent receipts . wont the affidavit suffice ?
13 August 2010
Upto a rent of Rs 3000/- per month, rent receipt is not required.
But above this you need for produce the rent receipt / rent agreement copy your finance deptt.
I don't think, your deptt will accept the affidavit in lieu of rent receipts.
But above this you need for produce the rent receipt / rent agreement copy your finance deptt.
I don't think, your deptt will accept the affidavit in lieu of rent receipts.
13 August 2010
1. If you have paid rent by cheque; no problem at all to establish that rent is not paid.
2. You can request the Assessing Officer to make an inquiry whether the premises is rented or not.
3. Your landlady is refusing to issue rent receipt because many times Tenants use it as their Tenancy Rights.
4. Your landlady might not showing the rent receipts as her income.
5. Your affidavit is sufficient to claim the expenditure.
2. You can request the Assessing Officer to make an inquiry whether the premises is rented or not.
3. Your landlady is refusing to issue rent receipt because many times Tenants use it as their Tenancy Rights.
4. Your landlady might not showing the rent receipts as her income.
5. Your affidavit is sufficient to claim the expenditure.
13 August 2010
To make the point more clear :
Section. 10(13A) of the Income-Tax Act, does not require that receipts must be there.
It says that to the extent of Special allowance (HRA) is paid to meet the housing accommodation occupied by the assessee -
prescribed amount according to the area or place in which such accommodation is situated or OTHER RELEVANT CONSIDERATIONS.
Hence you need not worry. Even if AO adds the amount in your assessment; an appeal can be filed and you will win your case. But follow all which is suggested above.
Section. 10(13A) of the Income-Tax Act, does not require that receipts must be there.
It says that to the extent of Special allowance (HRA) is paid to meet the housing accommodation occupied by the assessee -
prescribed amount according to the area or place in which such accommodation is situated or OTHER RELEVANT CONSIDERATIONS.
Hence you need not worry. Even if AO adds the amount in your assessment; an appeal can be filed and you will win your case. But follow all which is suggested above.
13 August 2010
The land lady provided one rent receipt last yr.
so we could claim the HRA based on the single rent receipt as the deptt insists on having receipt every yr.
We are paying Rs 5000 as rent pm.
Q what can we do .
Q Are the rent receipts necessary to claim tax rebate or are they mandatory to claim HRA
so we could claim the HRA based on the single rent receipt as the deptt insists on having receipt every yr.
We are paying Rs 5000 as rent pm.
Q what can we do .
Q Are the rent receipts necessary to claim tax rebate or are they mandatory to claim HRA
13 August 2010
See.. as Mr. surendra said..
Pay the monthly rent by account payee cheque.
But since, the finance deptt. of any company needs to collect all the relevant documents before allowing any income tax benefit to the employee, so they will insist on the receipt.
What you can do,Prepare an affidavit with all the rent details / get it verified in local magistrate office & submit the same alongwith your bank statement copy to your employer. On this basis they should allow this HRA benefit to you.
In any case, your employer does not allow you such benefit, you can always have your own calculation for filing your ITR & therein you can claim the HRA benefit & claim the tax refund, if excess TDS deducted by way of disallowance of HRA.
Pay the monthly rent by account payee cheque.
But since, the finance deptt. of any company needs to collect all the relevant documents before allowing any income tax benefit to the employee, so they will insist on the receipt.
What you can do,Prepare an affidavit with all the rent details / get it verified in local magistrate office & submit the same alongwith your bank statement copy to your employer. On this basis they should allow this HRA benefit to you.
In any case, your employer does not allow you such benefit, you can always have your own calculation for filing your ITR & therein you can claim the HRA benefit & claim the tax refund, if excess TDS deducted by way of disallowance of HRA.
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