CA Naresh Jakhotia

As we all are aware that the term HRA stands for House Rent Allowance. Generally every employee receives a HRA from their employers as part of his salary package, in accordance with terms and conditions of employment.

HRA is given to meet the cost of a rented house taken by the employee for his stay. Income Tax Act allows for deduction in respect of HRA paid to employees so that salaried assesse can get some relief in terms of Tax Savings.

In this article I am here to clear one query raised by one of my reader, since this might be a doubt in the mind of many other readers also.

Query 1:

I am paying a house rent for Rs 14,000/- per month and additional Rs. 1,200/- towards maintenance for which receipt is being given to me every month. Will I get House Rent Allowance (HRA) exemption on Rs. 14,000/- or Rs 15,200/-. Please clarify. [N.K.Panda-niroj_p @ yahoo.com]

Reply:

HRA exemption is available towards rent payment. The question here is what type of payment could be considered as rent. Whether payment towards maintenance, electricity, additional amenities & facilities could be considered for HRA exemption?

Given the clear cut wordings of the section 10(13A) & without any precedent as of now stretching the meaning of “Rent”, I am of the view that exemption would be admissible only towards Rent payment and not payment done towards electricity, maintenance charges etc. If however, you make the lump-sum payment to the landlord towards rent who in turn makes the payment of maintenance charges or others, the exemption u/s 10(13A) could not be denied.(Author is a CA in Practice from Nagpur and is Partner in M/s. SSRPN & Co.)

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6 Comments

  1. Himanshu says:

    I am paying maintenance along with the rent directly to the owner who in turn pays the maintenance.But my owner is giving me rent receipt only for the rent part not the maintenance part. Can I still claim deduction while filing return?

  2. swapan bandopadhyay says:

    My son is staying at Bengaluru & paying @rs 19000/- pm as house rent; additionally he is paying @Rs.6000/- pm as maintenance charge;
    Please confirm, if he can get rebate towards paying maintenance charge as per income tax law( which section)

  3. DEEPAK KUMAR says:

    Please suggest regarding deduction of TDS in case of salary for 4 to 5 month in financial year 14-15 paid to employees only 50%.
    also, explain if any relief of deduction salary TDS to the companies as well as employees.

    Regards

    Deepak Kumar

  4. Krishan says:

    I hope in cases where it is mentioned about the Facilities and Society Maintenance charges included in the rent. In such cases what will be treatment for Tenant and Lander/House Owner (about income)

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