ThynkTax /Tax Reference /Case Laws /Mukerjee - HRA self-rent

Mukerjee - HRA self-rent

Income Tax Appellate Tribunal·2023·ITR
Facts

Salaried individual paid rent to spouse for residential property and claimed HRA exemption under Section 10(13A).

Issue

Whether rent paid to spouse is a bona fide rent?

Held

HRA claimed on rent paid to spouse is allowable only if (a) there is a written rental agreement, (b) rent is actually paid through banking channels, (c) the spouse declares it in her ITR.

Ratio

Form alone is not enough; substance + documentation required.

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