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Interest on housing loan deduction in income tax act 1961

Tax queries 336 views 3 replies

Hi,

It is case of Deduction of Interest on Loan on House Property under the Income Tax Act 1961. 

Mr. A, Mrs. A and Mr. B (Brother of Mr A)  are the three persons who are involved in this case. These are all Individuals.

1. Mrs A purchased the house property of INR 40 Lacs

2. There is no income source of Mrs A. So Mr A and Mrs A both went to Financial Institution (FI) to take loan on the said property.

3. Mrs. A (Applicant) and Mr A (as a Coowner) has been granted a loan of INR 30 Lacs from Financial institution

4. Mrs A gifts the property to Mr A and Mr B equally

5. As per mutual consent at the time of purchase of property, it has been decided that, Mr A and Mr B will bear the loan in the ratio of 1:1. The installment of the Loan is 30 K per month. But as the loan is not in the name of Mr B, Mr B deposits half of the installment i.e. Rs 15 K per month to BAnk account of Mr A. and Mr A  pays loan installment of INR 30 K per month from his bank account to Financial Institution from where the loan has been taken

6. Mr B, Mr A and Mrs A do not have any house property in their name other than the said propoerty in question

 

Question:

Can Mr B claim interest on Housing Loan  deduction u /s 24 (b) of income tax act 1961? If yes how much?.

Question 2:

How much is the Interest on Loan deduction will be applicable to Mr. A and how to present in the ITR. if Mr B also claims 50% of the Interest on Loan Deduction on Total Loan of 30 Lacs.

 

Replies (3)

Question 1 : Mr. B cant claim deduction because A co-owner, who is not a co-borrower, is not entitled to tax benefits.

He needs to borrow too

MR B has borrowed from Mr A.  


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