Maithili (1) (476 Points)
26 June 2014Hi , can the Medical Allowance & HRA Allowance be claimed while filing ITR , if it has not been entered in Form 16.
(Note : The Assessee is having Proper Medical Bills as well as Rent Receipts in his possession. The only problem is that she did not present it to her employer on time)
So can she claim the benefit of such Allowances on the basis of Bill/Receipts available with her ?
Also kindly provide the references to any case law or circulars in this regard , if possible.
Thanks
Tribhuvan Aditya Singh
(Student as well as Self-employed)
(3710 Points)
Replied 26 June 2014
Maithili
(1)
(476 Points)
Replied 27 June 2014
@ Tribhuvan Aditya Singh
1) Sir, is there any case law or circular in this matter ?
2) Can the Assessing Officer deny the Hra Claim , if the Asessee does not hav a Rent Agreement with the House Owner (who is the Assessee's father in my case).
However , the Assessee has the Rent Receipts with her and also the monthly rent payment is being reflected in the bank accounts of both of the parties and the house owner is also showing such income in his ITR.
Will the above facts be enough to prove good, his allowance claim ?
Kindly reply
Thanks
Mihir
(Wealth Manager)
(5293 Points)
Replied 27 June 2014
It is not safe. If the assessee is paying rent, then rent agreement should be prepared. If one fine day, the assessing order asks for the agreement, the assessee cannot produce a back-dated rent agreement.
Maithili
(1)
(476 Points)
Replied 27 June 2014
@ Mihir
1) Sir, what is the procedure for making a Rent Agreement between Father - daughter ?
2) Will a (MOU)Memorandum of Understanding be enough ?
Tribhuvan Aditya Singh
(Student as well as Self-employed)
(3710 Points)
Replied 27 June 2014
subhash kumar jha
(PROFESSION)
(445 Points)
Replied 27 June 2014
I think exemption u/s 10(13a) can't be claimed because it is not is in form 16 and there is not exemption in medical allowancve.
CAclubindia
