HRA for Husband and Wife
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
Myself and my wife both are govt servant, We haven't been provided a Govt accommodation, as we both are living together in a rented house.
We both are getting HRA, is it legal? or my employer can ask to refund the HRA of one of us anytime ?
A V Vishal
(Expert) 17 June 2011
Since both are living under the same roof both cannot claim the benefit of HRA, however, if the rent is more than the HRA received by any one and both share the rent then you can claim the benefit. Further, in case the rent is <= to the HRA received then one of you may have to forego the benefit and it will be taxable in their personal tax assessment.
Querist :
Anonymous
(Querist) 17 June 2011
http://www.lawyersclubindia.com/experts/files/40_hra_dec_20100001.pdf
Sir,
Can you clearify this from above link?
A V Vishal
(Expert) 17 June 2011
The pages after 19 are missiong in the above link.
Querist :
Anonymous
(Querist) 17 June 2011
Sir,
Please verify this, I do not have any other source to verify this, or can you provide any valuable link to support your argument.
I would be grateful for your gesture.
Note: I am central Govt. Employee
PALNITKAR V.V.
(Expert) 17 June 2011
Even the link provided by you, shows on page 19 that if you share a rented house, both of you cant claim HRA.
Querist :
Anonymous
(Querist) 17 June 2011
No it says as follows
"Drawal of House rent allowance by husband and wife when both of them happen to be Govterment servent and are living in hired/ownerd accommodation" but the further condition ...I am not aware of
Querist :
Anonymous
(Querist) 17 June 2011
I am not sharing a govt accommodation..It is rented house.
Querist :
Anonymous
(Querist) 17 June 2011
Sir,
I have come across a another link
http://finance.rajasthan.gov.in/doc/hra.pdf
Which says:
In case where husband and wife both are in service of Government at the
same station and are living together in the rented/owned accommodation,
both of them shall be entitled to House Rent Allowance at the rates
mentioned in Rule 5 of these rules, subject to fulfillment of other
conditions for drawal of the allowance i.e. furnishing of certificate as (As amended upto 31.12.2007)
3
required in clause (ii) of sub-rule (1) or sub-rule(2) as the case may be
and making of an application as required in sub-rule (4).
PALNITKAR V.V.
(Expert) 18 June 2011
I am sorry I misread contents of page 19.
