Rule 65 — Conditions for claim for deduction under section 134. Made under s.134 of the Income-tax Act, 2025.
Rule 65 gives effect to Section 134 of the Income-tax Act, 2025. A rule cannot go beyond the section it serves: where the two seem to differ, the section governs.
For claiming the deduction under section 134 in respect of rent paid, the assessee shall file a declaration in Form No. 31.
Section 134 gives the deduction for rent paid but leaves the condition of claim to be prescribed. This rule makes the claim depend on a declaration in a set form, so the deduction rests on a stated position by the assessee rather than on a bare figure in the return.
The rule does not compute the deduction and does not set a rent threshold; the amount and entitlement are in section 134. What it adds is the condition of form: the declaration in Form No. 31 is what carries the claim, and a claim made without it lacks the thing the rule prescribes. The wording is mandatory — the assessee shall file the declaration — so it is not satisfied by producing rent receipts alone.
An assessee who pays rent and is otherwise entitled under section 134 files the declaration in Form No. 31 for the tax year. Without it, the rule's condition for claiming the deduction is not met, whatever the rent receipts show.
You meet it when the deduction for rent paid is claimed — in the return workings and in any query from the Assessing Officer asking for the declaration that supports the claim.
For the purposes of claiming deduction under section 134 in respect of rent paid, the assessee shall file declaration in Form No. 31.