ITO v. Mamta Rajivkumar Agarwal (Smt.) (2022)100 ITR 17 (SN)(Ahd) (Trib)

S. 24 : Income from house property-Deductions-Interest on housing loan-Jointly borrowed with husband-Interest allowable as deduction. [S. 24(b)]

Held  that under section 24(b), it is not necessary that the assessee should make the payment on the money borrowed by him for acquiring the housing loan. What is necessary is this that the money should have been borrowed by the assessee for the purchase of the property on which the interest is payable. There was no dispute that the interest-bearing fund had been used by the assessee for acquiring the house property. Thus, the provisions of section 24(b) of the Act had been duly complied with as the source of payment for the interest was known, i. e., the assessee’s husband. Accordingly, the assessee could not be denied the deduction of the interest under section 24(b) of the Act. (AY.2013-14)