HRA Claim

Ashok K Gupta (Querist) 30 January 2010 This query is : Resolved
I am Govt. employee in the pay band of 9300-34800 with total pay of approx 23000 a month. Recently I have got an arrear of Rs. 116721 for Jan06 - Apr 09 as per the 6PC notification of Central Govt. of India. I have understood the clause 89(1), which on claim, may get me relief on tax.

But I have few small questions:

I have been submitting my House Rent receipt for all the previous financial year i.e. from 2005-06. But Form 16 shows that there is no exemption on account of HRA in the relevant financial year.

On approach, they say since you were not falling in tax bracket in those fys hence, HRA exemption was not considered. Now I may like to know the expert opinion whether I can still claim HRA exemption for the previous years, in which it was not considered or I am bound to pay the additional tax burden of Rs. 3000.

Moreover my savings for the relevant years is also shown incorrect compared to my original submitted documents. There's is plenty difference between my calculated net incomes for the year and employer's calculation for the year. Is there any provision of getting the benefit by application of any provision.

I should be anticipating the expert opinion in this valued forum.

Thanking you in advance for lookups.

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Guest (Expert) 30 January 2010
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soumitra basu (Expert) 02 February 2010
Firstly you should make correct computation of income from salary claiming HRA exemption of the all respective years. After that you can opt for rebate under section 89(1) based on the said calculation. Employer's wrong calculation is not binding on you and the Form No. 16 also is not binding.

Ashok K Gupta (Querist) 02 February 2010
Sir,
That's where I am bit confused. I have already submitted the return for the respective years.
I am just wondering if there's any other format for submitting the revised return.
Moreover, the employer is deducting the taxes from my salary (they have done it for 3 months already) and on approach they say let it be deducted, you will get it back.
My question is why to suffer unnecessarily when I have sufficient evidence to save my tax.
Kindly guide....

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