2016 (5) TMI 103 - AT - Income Tax

Interest on housing loan under section 24 rejected - Held that - Deduction is allowable on account of interest paid on the borrowed capital within three years from the end of the financial year in which capital was borrowed and in the relevant assessment year, the deduction allowable was of ₹ 1,50,000 which has been enhanced to ₹ 2,00,000 by the Finance Act (No. 2), 2014, with effect from April 1, 2015. As per the Explanation appended to the proviso of the aforesaid section, it is also clear that the property either be acquired or constructed with the borrowed capital. It is nowhere mentioned that the property must be acquired as well as constructed with the borrowed capital. The use of the word or in between acquired and constructed makes it clear that the property can either be acquired or constructed with the borrowed capital and if the income is earned which is assessed under the head Income from house property , the deduction to the maximum extent of ₹ 1,50,000 is allowable on account of interest paid on the loan raised to acquire the property. In the present case, the assessee raised loan of ₹ 22.50 lakhs from the Indian Overseas Bank and acquired the property, income of which was assessed under the head Income from house property . Therefore, the interest paid amounting to ₹ 1,42,123 was deductible under section 24(b) of the Act. In that view of the matter we set aside the impugned order and direct the Assessing Officer to allow the claim of the assessee. Deduction under section 80C - Held that - In the present case, the assessee borrowed the amount for acquiring the property whose income was assessed under the head Income from house property and made the repayment of the said loan. Therefore, the said repayment was eligible for claiming the deduction under section 80C of the Act. In that view of the matter, we set aside the impugned order and direct the Assessing Officer to include the amount claimed by the assessee while working out the deduction under section 80C of the Act. - Decided in favour of assessee

Issues Involved:
1. Applicability of section 24(b) of the Income-tax Act, 1961, for interest on housing loan.
2. Deduction under section 80C of the Income-tax Act for repayment of housing loan.

Issue-wise Detailed Analysis:

1. Applicability of Section 24(b) for Interest on Housing Loan:
The primary grievance of the assessee is the rejection of the claim for interest on housing loan under section 24(b) of the Income-tax Act, 1961. The assessee had filed a return declaring income from house property and claimed a deduction for interest on a housing loan. The Assessing Officer disallowed this deduction on the grounds that the loan was used to purchase land, not for constructing the property. The Commissioner of Income-tax (Appeals) upheld this decision, stating that section 24(b) allows deductions for interest on borrowed capital only if it is used for acquiring or constructing a property, not merely for purchasing land. The assessee argued that the loan was for acquiring property, and the income from this property was assessed under the head "Income from house property," making the interest deductible under section 24(b).

The Tribunal considered the provisions of section 24(b) and noted that it allows deductions for interest on borrowed capital used for acquiring or constructing property. The Tribunal clarified that the property could be either acquired or constructed with borrowed capital, and there is no requirement for both acquisition and construction with the borrowed capital. Since the assessee raised a loan to acquire the property, the interest paid on this loan was deductible under section 24(b). The Tribunal set aside the impugned order and directed the Assessing Officer to allow the deduction.

2. Deduction under Section 80C for Repayment of Housing Loan:
The second issue concerns the disallowance of the deduction claimed under section 80C for the repayment of the housing loan. The Assessing Officer disallowed this deduction, reasoning that the assessee did not construct the property but only purchased the land. The Commissioner of Income-tax (Appeals) upheld this decision. The assessee contended that the repayment of the housing loan should be deductible under section 80C as the loan was taken for acquiring the property, and the income from this property was assessed under the head "Income from house property."

The Tribunal examined the relevant provisions of section 80C, which allow deductions for sums paid towards the purchase or construction of a residential house property. The Tribunal noted that the assessee borrowed the amount for acquiring the property, and the income from this property was assessed under the head "Income from house property." Therefore, the repayment of the loan was eligible for deduction under section 80C. The Tribunal set aside the impugned order and directed the Assessing Officer to include the amount claimed by the assessee while working out the deduction under section 80C.

Conclusion:
In conclusion, the Tribunal allowed the appeals of the assessees, directing the Assessing Officer to allow the deduction for interest on the housing loan under section 24(b) and the repayment of the housing loan under section 80C. The Tribunal's decision clarified that for deductions under section 24(b), the property could be either acquired or constructed with borrowed capital, and for deductions under section 80C, the repayment of the loan taken for acquiring the property is eligible. The order was pronounced in the court on February 5, 2016.

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