HRA admissible for both husband and wife or not

Abeda S. Banu (Querist) 16 May 2011 This query is : Resolved
Sir,
We are both State Govt. emplolyees of West Bengal.
I am serving for 2+ years and my husband is just recruited as Govt employee.

I get HRA (Rs. 2400/-). As I reside on rent I get the consession in Income tax calculation.

His place of posting is about 250 km from my work place(Kolkata). In his job they get either quarter or HRA. He is residing on rent near his work place.

My question is:
Will we both get HRA ? If yes then please tell the respective law (article ?).

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R.Ramachandran (Expert) 16 May 2011
Both of you are entitled to HRA, especially in the facts stated by you. No separate law is required in this regard.

soumitra basu (Expert) 16 May 2011
Both of you will get house rent allowance but there is a ceiling as per State Government Service rules in West Bengal.

Guest (Expert) 18 May 2011
No restriction Even if both of you would have been residing in the same house, mere certificate of contributing towards rent would have sufficed on the part of your wife, as the language of prescribed certificate, itself, is such, if desired by the authorities to be submitted. But, if you are claiming rebate for rent, she must not claim rebate in income tax.

Shreyans (Expert) 18 May 2011
As far as the HRA is concerned both of you are eligible for the exemption but as far as your husband is concerned if he gets Company owned quarter then the same will fall under the purview of Perquisite which will be added in his Salary and taxable the perks vary from location to location.

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