ITR
Landlord PAN for HRA when rent is above ₹1 lakh
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Facts
Employers ask for the landlord's PAN when annual rent exceeds ₹1 lakh, under CBDT instructions for salary TDS. Without it, the employer may not allow HRA in TDS, though you can still claim a genuine exemption in your return with proof.
Provisions and law
- Sec 10(13A), Income-tax Act 1961 (now Sec 11 (Schedule III, Table Sl. No. 11))HRA exemption is the least of actual HRA received, rent paid minus 10% of salary, and 50% of salary in Delhi, Mumbai, Kolkata or Chennai or 40% elsewhere.
- Sec 192, Income-tax Act 1961 (now Sec 392)The employer computes salary TDS considering exemptions supported by evidence.
Analysis
If you pay ₹18,000 a month, rent is ₹2,16,000, above ₹1 lakh. Keep the rent agreement, bank transfer records and the landlord's details. A claim without PAN or proof is more likely to be questioned. If the landlord has no PAN, a declaration from the landlord is commonly used; check current CBDT instructions.
Conclusion
- Ask the landlord for PAN and keep a copy.
- Pay rent by bank transfer.
- Keep the rent agreement and receipts.
- Give details to the employer through Form 12BB.
- Claim in the ITR with proof kept ready.
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