Section 10(13A)
House rent allowance
Salary
includes dearness pay -
For the purposes of
calculating the house rent allowance that would be exempt under rule 2A, the
term ‘salary’ includes ‘dearness pay’ also—Circular : No. 90 [F. No.
275/79/72-ITJ], dated 26-6-1972.
Expenditure
must have been actually incurred - It is necessary for
granting the exemption under section 10(13A) that the employee should
have actually incurred the expenditure on rent. For purposes of deduction of
tax, therefore, the disbursing officer should ensure that the employee
concerned has in fact incurred the expenditure on rent. The payment of rent
should be verified through rent receipts in the cases of all employees—Letter :
F. No. 12/19/64-IT(A-I), dated 2-1-1967.
click here to download the IT Dept Circular for HRA Receipt exemption for Rs.3000
click here to download the IT Dept Circular for HRA Receipt exemption for Rs.3000
Living
in own house or in any house rent-free - House rent allowance paid to a person, who is living in his own house or
in a house for which he does not actually pay any rent, is not exempt from tax
in any circumstances—Letter : F. No. 12/19/64-IT(A-I), dated 2-1-1967.
Production
of rent receipts - Only the expenditure actually incurred on
payment of rent in respect of residential accommodation occupied by the
assessee subject to the limits laid down in rule 2A, qualifies for exemption
from income-tax. Thus, house rent allowance granted to an employee who is
residing in a house/flat owned by him is not exempt from income-tax. The
disbursing authorities should satisfy themselves in this regard by insisting on
production of evidence of actual payment of rent before excluding the house
rent allowance or any portion thereof from the total income of the employee.
Though incurring actual expenditure on payment of rent is a pre-requisite for
claiming deduction under section 10(13A), it has been decided as an
administrative measure that salaried employees drawing house rent allowance
upto Rs. 3,000 per month will be exempted from production of rent receipt. It
may, however, be noted that this concession is only for the purpose of tax
deduction at source, and, in the regular assessment of the employee, the
Assessing Officer will be free to make such enquiry as he deems fit for the
purpose of satisfying himself that the employee has incurred actual expenditure
on payment of rent - Circular : No. 9/2003, dated 18-11-2003/[Para 5.2-(9)].
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