9911796707
TMI Blog2015 (9) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... ief, are that the assessee is an individual and filed his return of income declaring total income at Rs. 61,03,220/-. During the course of assessment proceedings, the Assessing Officer asked the assessee to explain as to why the deduction claimed u/s.80E amounting to Rs. 73,125/- should not be disallowed since the same is allowable only in case of higher education pursued in Indian Educational Institutes duly authorised in India and not for higher education pursued in abroad or Foreign Educational Institutes. Since the assessee's son is taking higher education (MS Electrical Engineering) in Washington, United States of America which is not recognised by any of the authorities mentioned in section 80E(3)(c) of the I.T. Act, therefore, the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er education. The assessee has not even given name or program undertaken by his son in any of the authorised University or Institute and no details are furnished about the higher education of the son of the assessee. He accordingly confirmed the disallowance of deduction claimed u/s.80E amounting to Rs. 73,125/-. 7. Aggrieved with such order of the CIT(A) the assessee is in appeal before us. 8. The Ld. Counsel for the assessee strongly opposed the order of the CIT(A). Referring to the provisions of section 80E the Ld. Counsel for the assessee submitted that both the lower authorities have failed to read the provisions in proper perspective. He submitted that the Assessing Officer in his order has given a finding that the assessee's son is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. If the legislature has such an intention it would have been definitely and specifically mentioned as it had been mentioned in section 11 of the I.T. Act which provided that any income from property held for charitable purposes are exempt from tax u/s.11(1)(a) only to the extent it is applied in India. Had the legislature wanted education in India itself for availing of the deduction, the legislature would have specifically stated so in the section itself. Referring to various decisions he submitted that when the section has not imposed any condition about education in India, the deduction as claimed by the assessee should not be disallowed. 9. The Ld. Departmental Representative on the other hand heavily relied on the order of the CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) applies (including any bank or banking institution referred to in section 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette41, specify in this behalf; (c) "higher education" means any course of study pursued after passing the Senior Secondary Examination or its equivalent from any school, board or university recognised by the Central Government or State Government or local authority or by any other authority authorised by the Central Government or State Government or local authority to do so; (d) "initial assessment year" means the assessment year relevant to the previous year, in which the assessee starts paying the interest on the loan;] (e) "relative", in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion or its equivalent. No where the section provides that the higher education should be taken in India only and not abroad. 13. We find merit in the submission of the Ld. Counsel for the assessee that there is no such stipulation u/s.80E of the I.T. Act that the education should be in India only. Had there been such an intention by the legislature it would have been definitely and specifically mentioned as had been mentioned in section 11 of the I.T. Act which provides that any income or property held for charitable purposes is exempt from tax u/s.11(1)(a) only to the extent it is applied in India. Therefore, if the legislature wanted education in India itself for availing of the deduction, the legislature would have specifically stated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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