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Deduction u/s 80-C

Tax queries 1005 views 6 replies

Hello everyone..i have a Query related to Deduction on account of Repayment of House Building Loan.

Suppose an assessee is an applicant for a house building loan and his wife is the co-applicant..the assesee is claimimg deduction u/s 80-C.The Question is that if the husband does not claim the said deduction can his wife claim the same being a co-applicant..??? Plz reply!!!

Replies (6)

                             

both can claim proportionate as per their share in House property. 

Originally posted by : U S Sharma

both can claim proportionate as per their share in House property. 

plz let me know..can the wife claim complete deduction...????

proportionately both will pay

 80C (2)  (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;

Dear Reyma,

in the given case as the husband and wife are the joint applicant wife can claim the comlete amount if deduction if husband is not claiming the deduction.


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