Tax Consultation (US and India)
2348 Points
Posted on 09 January 2016
I think it can be availed, as such none of the conditions seems to have been violated. As such there is no specific provision which contemplates that once the deduction is allowed to the assessee then the same shall be allowed only to him.
Relevant extract
80E. (1) In computing the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, any amount paid by him in the previous year, out of his income chargeable to tax, by way of interest on loan taken by him from any financial institution or any approved charitable institution for the purpose of pursuing his higher education or for the purpose of higher education of his relative.