CuriousMind (NA) (139 Points)
01 February 2024Dear experts ,
If landlord has provided an inoperative PAN what are the options in our hand ?
Can we ask them to link their aadhaar and PAN to activate it or any other better option pls ?
Very few days left to resubmit HRA claims , which was rejected due to this inoperative PAN of landlord.
Kindly revert urgently and help 🙏
Saravanan nagaraj
(463 Points)
Replied 01 February 2024
How much rent you pay to your Landlord?
Why did you submit your landlord pan card with your HR Manager?
Do you pay your rent by cash or through bank?
Do you have rental agreement with Landlord?
Please elaborate it. Then only, we can give you precise suggestions or advise.
Thanks.
CuriousMind
(NA)
(139 Points)
Replied 02 February 2024
Thru cash and yes rent agreement is very much in place .
PAN of landlord is very much required at any corporate for HRA claims .
They have not linked adhaar & pan . Is this knowingly & a clear case of tax evasion / avoidance ?
Can we inform incometax department to talk to them ?
Pls advise .
sabyasachi mukherjee
(27574 Points)
Replied 04 February 2024
CuriousMind
(NA)
(139 Points)
Replied 04 February 2024
Sorry sabyasachi , didn't get you .
If they are not linking pan & adhaar or delaying knowingly , what other options I've to save my HRA claims ?
Thanks
Saravanan nagaraj
(463 Points)
Replied 04 February 2024
It is not your responsibility to correct your Landlord PAN and Aadhaar linked process. Your HR impose burden on you.
Please don't worry. There is an option to file form 10B. It is a HRA declaration form. File this form before declare your Income tax return for particular financial year.
Do you have rent paid receipt for this rent paid by cash? Then, File form 10B along with rental agreement and rent receipt. You can avail your HRA.
If your rent paid cross threshold limit of Ra.50,000/- per month or annual limit Rs.2,40,000 deduct TDS on rent u/s 194I @ 10% or u/s 194I (b) @ 5%. Due to, They have not linked their pan and Aadhaar. You should deduct 20% on your rent.
Just ask your landlord to make Rs.1000 under challan code 500 through Income tax portal to link Aadhaar pan. Once you comple payment you will get receipt. Wait just 4 days. They payment will be updated on portal. Then again go to Income tax portal link your PAN and Aadhaar. That's it.
CuriousMind
(NA)
(139 Points)
Replied 04 February 2024
Many thanks Sarvana , people like you are blessing to our society. May God bless you 🙏
1. Landlord is in the process of linking pan & adhaar , exactly the way you suggested in your last statement just above . This week is my last date to re-submit my HRA claims . Let's see .
2. You should deduct 20% on your rent - landlord is very greedy and I'm sceptical about their support in this regard . I'm not sure how to convince them about 20% rent reduction logically and legally . Kindly advise .
3. Yes, I've the rent receipt for the cash paid every month . Could you pls suggest if filing 10B along with filing ITR is possible by 31/07/2024 or we have to file 10B separately before ITR return only ?
Your help is highly appreciated 🙏
Best Regards
Saravanan nagaraj
(463 Points)
Replied 04 February 2024
Once your landlord made this penalty payment, please collect the challan copy and linked status acknowledgement copy which will be sent to their email ID or take screenshot for your reference. These copies would be necessary to prove that your landlord linked their pan card.
To claim your HRA exemption, Income Tax dept gives friendly guidelines to tax payers. If you are fulfill those conditions then, you can claim. TDS deduction @ 20% it is a responsibility of tax payer. Otherwise, you may loose your HRA deduction.
If you don't cross threshold limit you don't need to deduction.
You have a limited time to submit your HRA documents. In case, your claim documents are rejected again. You can file form 10B before filling your Income Tax return 31/07/2024.
Start your filling process as earliest as possible. Then, you can be relaxed. Any issue araise, you will have a time to resolve it. Just file 10B incase you HRA rejected. You can claim. Problem solved.
Thanks 🙏
CuriousMind
(NA)
(139 Points)
Replied 11 February 2024
Many thanks Sarvana ,
My current landlord seems excessively greedy and highly unethical who is delaying the process of linking pan & adhaar purposefully citing gender mismatch in PAN that leads to loosing huge additional TDS for February and March 2024.
In worst case , can you kindly help me with filing 10B form ? Like
1. when is the best time to file this ?
2. Apart from rent agreement and rent receipts , if anything else is required?
3. Is there any good link / document to refer before filing 10B ?
4. Any other useful information to reclaim my money quickly ?
Regards
Saravanan nagaraj
(463 Points)
Replied 11 February 2024
1) usually Income Tax return filling starts June and due date of filling 31st July every year. Please start your process as soon as possible.
2) to prove your HRA claim you should have rent receipts rent paid by cash or Bank statement.
3) you don't need to file any form after rejected or couldn't submit on time with your employer. Extremely sry this form is 12BB.
You can directly claim your amount 10(13A) HRA section.
CuriousMind
(NA)
(139 Points)
Replied 13 February 2024
Thanks Saravana,
Apologies for the delay in my response. I was occupied with work .
1. I have rent receipts ( as the dubious landlord demanded cash for known reasons to avoid tax for their huge rent income from nearly 30 flats , The broker didn't tell this to us while doing the agreement , so he is partially responsible for this as well )
2. So it's not 10B rather its 12BB ? Do I need to fill this in incometax portal?
3. Sorry didn't get you when you said , you don't need to fill in form , you can directly claim under 10(13A) HRA section ? Is this while filing the return ( after getting my form-16 ) from employer in the incometax portal itself ?
Kindly help clarify , best regards 🙏
Saravanan nagaraj
(463 Points)
Replied 13 February 2024
Extremely sorry. I never did blender mistake like this ever when I guide. I have wrongly mentioned Form 10B instead of Section 10 (13A).
But, there is no issues to claim your HRA. If you don't file form 12BB. When you file your Income tax return online or offline. You can claim your HRA under this section.
Please do calculation before declare HRA eligibility. Because, HRA is partially or fully taxable.
Please find the attachment of screen shot.
Extremely sry once again.
CAclubindia
