Urgent!! Home Loan Borrowed from Father

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I have a home loan from BOB. My EMI amount has already been revised twice. My father offered to loan me amount of Rs 1500000 from his retirement benefits, I intend to pay him the interest rate as applicable. My father will also issue me a certificate stating he has received interest amount from me.

The issue is that account manager of my company refuses to accept this certificate and grant me the benefit under section24 for interest amount upto Rs 150,000. He wants to deduct the tax (TDS) ans is asking me to claim refund from IT.

He is asking for any reference in the IT dossier or IT case study which shows that certificate can be issued by friends/relative/family member and is admissible...

Can some one please guide me on this...

Replies (11)
as per sec 24(1) of incometax act 1961, for claiming exemption of interest on borrowed capital, loan should be taken through approaved bank only not through relatives. In ur case, u r not able to claim exemption u/s 24(1) Thanks and regards suraj pahuja

agree with above

Originally posted by : pahuja
as per sec 24(1) of incometax act 1961, for claiming exemption of interest on borrowed capital, loan should be taken through approaved bank only not through relatives.

In ur case, u r not able to claim exemption u/s 24(1)

Thanks and regards suraj pahuja

i think approved bank criteria is for 80C not for 24(1), in 24(1)words "ANY interest" is used. Can you give more clarification or case law or words from Act that I may have missed.

Thanks in Advance

Ms. Roopali yes u are right and thanks for correcting me, and i am sorry mr. Sai for giving wrong consultancy, you could enjoy the benefit of sec 24(b) but you could not enjoy the deduction of 80(c), for repayment of loan, i still suggest you should have the housing loan through bank for tax purposes. And thanks to roopali again, regards suraj pahuja
Originally posted by : Roopali Kadam




Originally posted by : pahuja





as per sec 24(1) of incometax act 1961, for claiming exemption of interest on borrowed capital, loan should be taken through approaved bank only not through relatives.

In ur case, u r not able to claim exemption u/s 24(1)

Thanks and regards suraj pahuja






i think approved bank criteria is for 80C not for 24(1), in 24(1)words "ANY interest" is used. Can you give more clarification or case law or words from Act that I may have missed.

Thanks in Advance

agreed.

In practical situation no one wants to take risk. Your accounts manager might be knowing this fact but afraid to apply. 

kaushal

https://taxbykk.blogspot.com/

Yes kaushal, practicaly any particular person who is a salaried employee and wants to have any housing loan than he prefers bank loan not through relatives, rarely this kind of situation you may find.

Thanks for your replies..  Ahujaji , i agree with you. Practically it is always feasible to loan from established financial institution. However, with the interest moving skywards, every individual is trying to find ways to reduce the burden.This was one of the most feasible solutions for me and wanted clarity on this.
I had done some net research to know whether this is pracically possible. Mr Harsh Roongta , one of the leading financial advisor had suggested that this option also exists. He had also mentioned that Sec 24 can be availed for loan from any source but not sec 80C . Sec 80C explicitly mentions the word financial institution..

However my issue still remains unsolved. Can someone pls dig into some similar IT case to help me build my case internally in the company..

/experts/u-s-24-b-intt-on-borrowed-capital-142321.asp

https://www.moneycontrol.com/mc_new/tax/viewreplies.php?expname=Mitil%20Chokshi

https://www.capitalmarket.com/cmedit/story11-37.asp?sno=337356

https://www.incometaxindia.gov.in/questionbank.htm#G90

this is gov site. ref 91st question.

I tried to search thru net, no where case law was mentioned. but u can show the links above and this question answered on gov site.

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