Bachelor get Married and Married get HRA exemption; Husband gets House Rent

Allowance (HRA) exemption on rent paid to wife

In the instant case the AO disallowed assessee's claim for HRA exemption on the ground that assessee and

his wife were living together and claim of payment of rent by assessee to his wife was made to reduce his tax

liability. CIT(A) confirmed the addition on the ground the tenant (i.e., assessee) and landlord (i.e., his wife)

were staying together which indicated that the whole arrangement was a colour able device. Aggrieved

assessee filed an instant appeal.

Tribunal held in favour of the assessee as below:

1) Section 10(13A) provides an exemption would be allowable to an assessee for any allowance granted

to him by his employer to meet expenditure actually incurred on payment of rent in respect of

residential accommodation occupied by the him;

2) However, the exemption is not available in case the residential accommodation occupied by the

assessee is owned by him or the assessee has not actually incurred expenditure on payment of rent;

3) Admittedly, the Assessing officer had given a finding of fact that the assessee and his wife were living

together. Therefore, it has been inferred that the house owned by wife of the assessee was occupied

by the assessee also;

4) The assessee had submitted the rent receipt(s) and payments had been duly verified. Assessee had

fulfilled twin requirements of provision, i.e., occupation of house and payment of rent. Hence, he was

entitled to an exemption under section 10(13A) - BAJRANG PRASAD RAMDHARANI V. ACIT (2013)