Legal Question in Tax Law in India

Back dated agreement on todays stamp paer

Can we prepare back dated Leave 7 License agreement (From April 2008 to Feb 2009) for taking house on rent on todays stamp paper (Feb 2009)though the agreement was done mutually in April 2008. Also can rent payable together for 11 months as per law to get exemption on HRA for rent paid.


Asked on 2/27/09, 9:00 am

2 Answers from Attorneys

Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Back dated agreement on todays stamp paer

yes you can write a rental agreement but prior date of oral agreemnet must have been taken place and thus the deed may be executed or put into writing from the date of the stamp paper or after.The rent paid in lumpsum on one date would also become eligible for HRA exemption.

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Answered on 2/28/09, 3:37 am
Tapas Misra INDUS LAW

Re: Back dated agreement on todays stamp paer

The agreement msut show the date of execution as the date of the stamp paper or a subsequent date; but it can be made effective from an earlier date (Apri 2008). If rent is actually paid and evidenced by a receipt from the lanlord, it is eligible for exemption available to HRA.

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Answered on 2/27/09, 9:23 am


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