Query regarding HRA

naveen mehta (Querist) 07 August 2015 This query is : Resolved
i am a state government employee and my wife is a bank employee we both r posted at korba and live in the same house which is leased by my wife's bank and house rent recovery is done from her salary although she doesn't gets HRA so whether iam entitled to get HRA or not please clarify

Follow Query

Report Abuse

kavksatyanarayana (Expert) 07 August 2015
Only a spouse is eligible for HRA, if husband and wife are employees. if there are no rules to claim HRA in your wife's bank, then only you can get HRA.

naveen mehta (Querist) 08 August 2015
My wife is not claiming hra so could i claim it from my office

P. Venu (Expert) 08 August 2015
Your wife is not entitled for HRA as she is provided residence by the employer Bank. Is the Bank in public sector?

Guest (Expert) 08 August 2015
You are eligible.

Rajendra K Goyal (Expert) 08 August 2015
You are eligible for HRA, however, this amount would be included in total income for Income Tax purposes as you are not paying any rent.

naveen mehta (Querist) 08 August 2015
@p venu sir ,Ya she is in sbi,
Respected sir is there any written conditions under service rule which i will have to present in my office as my DDO is so confused for giving me HRA , i also searched it many a times on internet but couldn't find any clause as one of us is working in state government and other in a psu please clarify thank you

Guest (Expert) 08 August 2015
A certificate is required to be given by you in a prscribed proforma to the DDO to help him draw HRA.

Kumar Doab (Expert) 08 August 2015
Agreed with experts.

Sudhir Kumar, Advocate (Expert) 08 August 2015
You have not replied to the question of Mr Venu.

Whether it is PSU Bank?

This uestion is vital and without this question I cannot agree or disagree with experts above.

if your spouce is granted accommodation by PSU at the same station then you are not entitled for HRA.

A copuple posted at same station : either they are both entitled for HRA (if none has been provided accommodation govt/PSU) or none is entitled (if any of them have been provided accommodation by govt/PSU) unless they are under judicial seperatation.

naveen mehta (Querist) 08 August 2015
Sudhir kumar sir i replied tp mr venu that my wife works in sbi and it is a PSU and we live in same house leased by bank but she is not claiming HRA now please clarify

Sudhir Kumar, Advocate (Expert) 09 August 2015
since she is having leased accommodation she cannot claim HRA.

Since you are living in the accommodation given to your wife by PSU in same satation you cannot claim HRA.

I have already clarified the same.

Dr J C Vashista (Expert) 10 August 2015
I have similar opinion as advised by expert Mr. Sudhir Kumar ji, when your wife is allotted a hired house by SBI and both of you are residing in the same house, you are not entitled to claim HRA and/or a government accommodation.

Sudhir Kumar, Advocate (Expert) 10 August 2015
further even if you reside else where, as long as you are posted at the same station(not under judicial separation) you are not entitled to HRA.