Hra and rent paid

Page no : 2

CA Rashmi Gandhi (Chartered Accountant) (86313 Points)
Replied 13 June 2022

It's not individual discussion, it's healthy discussion.

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Eswar Reddy S (CFO- at NHTF) (58263 Points)
Replied 13 June 2022

Yeah it's healthy discussion.

Query very important.

There are few case laws on this .

Judgement is made in favour of assessee . Kindly check once

CA Rashmi Gandhi (Chartered Accountant) (86313 Points)
Replied 13 June 2022

Share case law if any

Eswar Reddy S (CFO- at NHTF) (58263 Points)
Replied 13 June 2022

Just google it

CA Rashmi Gandhi (Chartered Accountant) (86313 Points)
Replied 13 June 2022

I will then why you are becoming Google on each post

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Eswar Reddy S (CFO- at NHTF) (58263 Points)
Replied 13 June 2022

Hope you are CA . You should be knowing it. Why you are asking it then ?

CA Rashmi Gandhi (Chartered Accountant) (86313 Points)
Replied 13 June 2022

Because I didn't read anyone and you are saying that there are some case laws so I thought you know it.

Eswar Reddy S (CFO- at NHTF) (58263 Points)
Replied 13 June 2022

Many are there but its very surprise that you don't know it .

Check this

Reference is drawn to the decision of Hon’ble High Court of Delhi in CIT v. Mr. Justice Avadh Behari Rohtagi [1986] 157 ITR 441 wherein it was held that where a person owns a house property in a city and resides at another house in the same city by virtue of his employment, exemption u/s 23(2) of the Income Tax Act, 1961 shall be available in respect of the house owned. Upon perusal of the aforementioned provisions, it can be concluded that deduction u/s 24(b) and exemption u/s 10(13A) are altogether different. Section 24(b) operates independently of section 10(13A) and none of the two sections exclude the operation of the other. Nothing in the two sections precludes an assessee from claiming benefits under both the sections simultaneously, provided aforementioned conditions are fulfilled. Hence, it can be concluded that an assessee can claim deduction u/s 24(b) in respect of housing loan taken to acquire a house property. At the same time, exemption of HRA u/s 10(13A) can be claimed in respect of rent paid for residential accommodation occupied by him if he resides at a place other than owned by him.