Ded. u/s 80C for housing loan principle payment

Tax queries 9644 views 20 replies

 

(xviii)  for the purposes of purchase or construction of a residential house property the income from which is chargeable to tax under the head “Income from house property” (or which would, if it had not been used for the assessee’s own residence, have been chargeable to tax under that head), where such payments are made towards or by way of—

      (a)  any instalment or part payment of the amount due under any self-financing or other scheme of any development authority, housing board or other authority engaged in the construction and sale of house property on ownership basis; or

      (b)  any instalment or part payment of the amount due to any company or co-operative society of which the assessee is a shareholder or member towards the cost of the house property allotted to him; or

      (c)  repayment of the amount borrowed by the assessee from—

      (1)  the Central Government or any State Government, or

      (2)  any bank, including a co-operative bank, or

      (3)  the Life Insurance Corporation, or

      (4)  the National Housing Bank, or

      (5)  any public company formed and registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes which is eligible for deduction under clause (viii) of sub-section (1) of section 36, or

      (6)  any company in which the public are substantially interested or any co-operative society, where such company or co-operative society is engaged in the business of financing the construction of houses, or

      (7)  the assessee’s employer where such employer is an authority or a board or a corporation or any other body established or constituted under a Central or State Act, or

      (8)  the assessee’s employer where such employer is a public company or a public sector company or a university established by law or a college affiliated to such university or a local authority or a co-operative society; or

      (d)  stamp duty, registration fee and other expenses for the purpose of transfer of such house property to the assessee,

                but shall not include any payment towards or by way of—

     (A)  the admission fee, cost of share and initial deposit which a shareholder of a company or a member of a co-operative society has to pay for becoming such shareholder or member; or

     (B)  the cost of any addition or alteration to, or renovation or repair of, the house property which is carried out after the issue of the completion certificate in respect of the house property by the authority competent to issue such certificate or after the house property or any part thereof has either been occupied by the assessee or any other person on his behalf or been let out; or

     (C)  any expenditure in respect of which deduction is allowable under the provisions of section 24;

 

https://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITAC&schT=&csId=5cc58b11-ea04-4050-88b4-70686201a409&rdb=sec&yr=e5be6bdb-1fc4-42d6-ac7b-34a44fd65485&sec=&sch=&title=Taxmann%20-%20Direct%20Tax%20Laws

 

 

in a nutshell it can not be claimed if the property is not in your position registered.

Replies (20)

 

(xviii)  for the purposes of purchase or construction of a residential house property the income from which is chargeable to tax under the head “Income from house property” (or which would, if it had not been used for the assessee’s own residence, have been chargeable to tax under that head), where such payments are made towards or by way of—

      (a)  any instalment or part payment of the amount due under any self-financing or other scheme of any development authority, housing board or other authority engaged in the construction and sale of house property on ownership basis; or

      (b)  any instalment or part payment of the amount due to any company or co-operative society of which the assessee is a shareholder or member towards the cost of the house property allotted to him; or

      (c)  repayment of the amount borrowed by the assessee from—

      (1)  the Central Government or any State Government, or

      (2)  any bank, including a co-operative bank, or

      (3)  the Life Insurance Corporation, or

      (4)  the National Housing Bank, or

      (5)  any public company formed and registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes which is eligible for deduction under clause (viii) of sub-section (1) of section 36, or

      (6)  any company in which the public are substantially interested or any co-operative society, where such company or co-operative society is engaged in the business of financing the construction of houses, or

      (7)  the assessee’s employer where such employer is an authority or a board or a corporation or any other body established or constituted under a Central or State Act, or

      (8)  the assessee’s employer where such employer is a public company or a public sector company or a university established by law or a college affiliated to such university or a local authority or a co-operative society; or

      (d)  stamp duty, registration fee and other expenses for the purpose of transfer of such house property to the assessee,

                but shall not include any payment towards or by way of—

     (A)  the admission fee, cost of share and initial deposit which a shareholder of a company or a member of a co-operative society has to pay for becoming such shareholder or member; or

     (B)  the cost of any addition or alteration to, or renovation or repair of, the house property which is carried out after the issue of the completion certificate in respect of the house property by the authority competent to issue such certificate or after the house property or any part thereof has either been occupied by the assessee or any other person on his behalf or been let out; or

     (C)  any expenditure in respect of which deduction is allowable under the provisions of section 24;

 

https://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITAC&schT=&csId=5cc58b11-ea04-4050-88b4-70686201a409&rdb=sec&yr=e5be6bdb-1fc4-42d6-ac7b-34a44fd65485&sec=&sch=&title=Taxmann%20-%20Direct%20Tax%20Laws

 

 

in a nutshell it can not be claimed if the property is not in your position registered.

If the house is in Mothers name but the loan is in name of mother and son and is being payed by the son, can son still avail the complete deductions under section 80C and 24B for the loan principal and intrest.

Also to add to above, my mother is not salaried.

IN THE ITR FORM WHERE TO ENTER THE 10.10D PART? I HAVE RECEIVED  50000 FROM LIC AS SURVIVAL BENIFIT. HOW TOENTERTAIN THAT AMONUNT

My interpretation is that some of the assesees treat income from house property, as income from other source; or the assessee may use the Gala for Business purpose and may avail the benefit of repayment of loan as Deduction while he assessee Individual or Hindu Undivided Family having PGB/P. For instance that if a person construct a house property along with a Gala which can also be chargeable to tax under the head income from house property or income from other sources. You may know that for gala you can get commercial loan. So assessee  may take advantage of this section, so as to refrain the person to take advantages, for which is not intended, of the section 80C the sentence has specifically pointed that where the income is chargeable to tax under Income from House Property. So I think that statute wants to make clear that the income from the house property should have the benefit for the principal repayment. As per the section 80C repayment is allowed as deduction even though it is under construction period.

Income from house property.

Sec   22. The annual value of property consisting of any buildings  or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income-tax, shall be chargeable to income-tax under the head “Income from house property”.

Can an assessee claim deduction u/s 80C for housing loan principle paid in the year of sale ( if the house is sold with in 5 years)


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