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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.
(2) The deduction specified in sub-section (1) shall be allowed in computing the
total income in respect of the initial assessment year and seven assessment years
immediately succeeding the initial assessment year or until the interest referred to
in sub-section (1) is paid by the assessee in full, whichever is earlier.
(a) “approved charitable institution” means an institution specified in, or, as the
case may be, an institution established for charitable purposes and 88[approved by
the prescribed authority] under clause (23C) of section 10 or an institution referred
to in clause (a) of sub-section (2) of section 80G;
(d) “initial assessment year” means the assessment year relevant to the pre-vious
year, in which the assessee starts paying the interest on the loan;]
(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.]
please read some hypothetical examples for clarification.
Qus: Ram has taken a Eduction loan for his higher studies on
20.06.2005 and started paying installments including interest
from 20.06.2007.
Ans:In above example Ram will get tax benefit under section 8o E from
p.y 2007-08 i.e initial year of payment and next seven year i.e upto
previous year 2014-15 or upto full payment of loan which ever is earlier.
Ans:Only ram will be eligible for deduction of 20000 rs .His father is not
eligible for deduction the reason behind this is that loan has been taken
by the Ram and not by his father as mentioned in point one above
,though his father is satisfy the condition of relative and paid the interest
also but he has not taken the loan
Ques:Ram has taken a loan for his higher studies ,and has repaid the laon
interest amount but unfortunately he has not succeeded in exams and
could not complete his higher studies.
.
Qus:An educational loan taken four years back. The next year a sum of Rs.4000/=
was paid to the bank by way of interest. Following years nothing was paid.
Now in the current year borrower is employed and paid a sum of Rs.40000/= paid to
the bank towards interest. The interest calculated for the current year is Rs.13,000/=
only. The rest is interest accrued for the previous years. On what amount can he/she
claim the exemption:-
Ans:80 E deduction is available on payment basis ,in present case 40000 is allowed
as per section 80E