Question And Answer
Subject: the property is in the name of my uncle, now he want me to become the co borrower , so whether i can take tax deduction under section 24 b with respect to interest.
Querist: Deepak malwa
Answered by:
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Date: December 26, 2023
Query asked by Deepak malwa

The requirement of Section 24(b) where the property has been acquired, constructed, repaired, renewed, or reconstructed with borrowed capital, the amount of any interest payable on such capital is allowable.  The deduction can be claimed while computing the income from house property . On the facts  the income from house property is not offered in the hands of co -borrower . Facts also not clear whether the co -borrower is co -owner .  on the facts the assessee may not  be eligible to claim deduction. under section 24(b) of the Act. In  ITO v. Mamta Rajivkumar Agarwal (Smt.) (2022) 100 ITR 17 (SN)(Ahd.)(Trib.)  the Tribunal held that  for claiming deduction  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.






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