Deduction under section 80E

Hi All,

I have taken a loan for my borther for higher studies and he is dependednt on me. but the act says "legal guardian"..

Can anyone say what does this stands for and can i claim the installment and interest on loan taken for my brother which is in his name and not mine.

[Deduction in respect of interest on loan taken for higher education.

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].

           [(e)  “relative”, in relation to an individual, means the spouse and children of that individual or the student for whom the individual is the legal guardian.]

Replies (7)

Is his father and mother still alive

Sorry I am asking this question but if they are then the deduction will not be allowed as they are his legal guardian and if otherwise the deduction will be allowed to you.

Hi,

Its ok..This post has been written on behalf of my friend. Mother is alive.

But my friend is the only earning memeber in the family.

Dear Prity,

     In the  THE GUARDIANS AND WARDS ACT,1890, (Extends to India), there is no provision that brothers and sisters are legal guardians by themselves. Hence, if the sister has applied to court for guardianship, she could become LEGAL GUARDIAN as per I.T.ACT,1961. Hence, in ur case, deducation cannot be claimed

please guide .....................

good question and wonderful answer by GM Narayanan, presuming the answer to be right

Thanks for the guidance

Prity,

As per the Act is not allowed.

But practically just claim it. For small amounts it wont be a problem.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 26 August 2026
CA Article Assistant/CA Drop Out/Accounts Executive

PARV & Co.

New Delhi

CA Inter

View Details
Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details