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HRA

Querist : Anonymous (Querist) 28 December 2009 This query is : Resolved 
Dear Members,
One of my client is working in a Nationalised Bank as Senior Manager and his wife is a teacher in a Intermediate college. Till to day they are regualrly getting HRA from their departments. Now the department (Bank and College ) says that only one can get HRA. Will u please help me to guide them about this?
SHYAM JI SRIVASTAVA
ADVOCATE
A V Vishal (Expert) 28 December 2009
There is a general rule - tax benefit can not be claimed by two people for the same thing.

Thus, if you pay rent, you can claim HRA exemption. Similarly, if your spouse pays rent, s/he can claim HRA exemption. Both can not claim HRA exemption for the same rent paid!

When both the husband and wife are staying together only one should claim HRA, but there are instances where the assessees wrongly claim the benefit, however, if both the husband and wife are staying at different cities due to their employment can they claim the benefit of HRA separately.
Ajay Bansal (Expert) 28 December 2009
Bank is correct.As per rules,only one of you can get HRA.
murtaza (Expert) 28 December 2009
agree with both experts,
PJANARDHANA REDDY (Expert) 28 December 2009
HRA,LTC,MEDICAL ALLOWANCE,SERVANT ALLOWANCE,OTHER FACILITIES OF COMMON IN NATURE TO SPOUSES ARE ALLOWED TO ONE MEMBER ONLY IR RESPECT OF THEIR DEPARTMENTS EMPLOYED.
Raj Kumar Makkad (Expert) 28 December 2009
If couple is residing under one roof, then how both can claim HRA?

No way. Bank and college are right.
DD Sathe (Expert) 29 December 2009
I beg to differ.
First of all query had nothing to do with regard to tax rebate-therefore I do not understand how that creeped in.
It will depend on the respective terms of employment and per se there cannot be any bar on both getting HRA or furniture or car or salary for that matter!!
If both were getting HRA, in all probability both should get.
Happy 2010.


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