Some times Employee claimed unexpected exemption from Income Tax and unnecessarily Income Tax Department send notice for Self Assessment. Keeping in view employee mostly asked common queries that Is take benefit of HRA exemption? How it claim ? Who got benefit of HRA Exemptions? etc. In accordance with this some points are found, which is as under:
- Each and every Allowance in Gross Salary is a fixed monetary which paid by Employer to Employee, whether personal or for the performance of his duties.
- Claim exemption of allowance i.e. Conv. Allowance, House Rent Allowance etc. while submitting Annual Income Tax Return. These allowances generally taxable unless a specific deduction/exemption is provided by law.
According to law House Rent Allowance (HRA) is give by the employer to the employee to meet the expenses in connection with rent of the accommodation. HRA is exempt under section 10(13A) to the extent of the minimum of the following three amounts :
Actual House Rent Allowance received by the employee
Actual House Rent Allowance received by the employee
- Excees of rent paid for the accommodation occupied by him over 10 % of the salary.
- 50% of salary where the residential house is situated at Mumbai, Calcutta, Delhi or Chennai and 40% of the salary where the house is situated at any other place.
The minimum of the above three amounts shall be exempt from tax and the balance shall be taxable and thus included in gross salary of employee.
Meaning of Salary for calculation the exemption of HRA
- Salary means (Basic + D.A + Commission based on fixed percentage on turnover).
- Salary is to be taken on due basis in respect of the period during which the period accommodation is occupied by the employee in the previous year.
Calculation Monthly or Yearly?
The exemption in respect of HRA is based upon the following factors:
Salary
HRA received
Place of Residence,
Rent Paid,
HRA exemption should not be calculated on yearly basis, if there was any change in above factors during previous year.
HRA received
Place of Residence,
Rent Paid,
HRA exemption should not be calculated on yearly basis, if there was any change in above factors during previous year.
Examples for calculation of exemption/deduction of HRA
X has received following amount during the previous year.
- Basic Salary – Rs. (5000*12) – Rs. 60,000/-
- Dearness Allowance (D.A) – Rs. (1000*12) – Rs. 12000/-
- House Rent Allowance (H.R.A.) – Rs. (2000*12) – Rs. 24000/-
- Actual Rent Paid – Rs.(2000*12) – Rs. 24000/-
Calculation
The minimum of the following amount shall be exempt
The minimum of the following amount shall be exempt
- Actual HRA received (2000*12) – Rs. 24000/-
- Rent Paid in excess of 10% of salary ( 24000-7200) – Rs. 16800
- 40% of Salary – Rs. 28800/-
Therefore, Rs. 16800 shall be exempt and the balance Rs. 7200 shall be included in gross salary.
