Can a New Employee Claim HRA Exemptions for the Full Year with Us?

I have a query regarding the TDS deduction of an employee. Actually, he is a new joinee in our organization and has started working with us from Jan '13. He has provided the Form 16 of the previous employer, which clearly shows that he did not receive HRA exemptions from his previous employer. Can he claim his exemptions for HRA for 12 months from our organization?

Regards,
Vidya

HRA Exemptions and IT Rules

HRA exemptions are as per IT rules. If one organization misses it, the other can consider it. Otherwise, the employee can get a refund after return filing.

Regards,
Pon

The employee joined you in January 2013. In the FY 2012-13, he worked with his previous employer from April 2012 to December 2012, i.e., nine months. He earned a salary for those nine months from his previous employer. The treatment of IT exemption under section 10 has to be provided by the previous employer based on the declaration filed by the employee with them. You will only provide the treatment of IT exemption under section 10 for the earnings during his time with you, based on his declaration. This is my view.

Regards.

Employee Income Consideration and HRA Exemption

As the employee joined you in January 2013, during the FY 2012-13, he worked with his previous employer from April 2012 to December 2012. The income earned by the employee should be added by you. There is no bifurcation as per Form 12B filed by the employee. You have to consider that, in the end, the employee should provide certified information from his previous employer. You cannot give any exemption for HRA.