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deduction of interest on house property under section 24(b)

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(Querist)
06 December 2010 if home loan is taken on joint name of husband & wife & whole interest deduction is claimed by husband from beginning can he do so

can A.O. deny it please quote relevant case law
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CA Dhiraj Ramchandani

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CA Dhiraj Ramchandani (Expert)
06 December 2010 I cnt refer wid any case law... But interest is to b deducted for half part only.., i.e i dnt know how husband has been allowed to claim whole amount at his name.... And btw, what about wife, is she earning any income??? then by clubbing, inderectly husband can claim whole of interest...
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Manmohan ACA, CS

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Manmohan ACA, CS (Expert)
06 December 2010 if home loan is taken on joint name of husband & wife & whole interest deduction is claimed by husband from beginning itit is allowed and AO can not deny if the loan is taken in his(husband) name and he is paying interest.
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