Abishek (Student) (1108 Points)
20 February 2010
A person has bought a house on loan and has registered it in his name.
For repaying it both he and his spouse have taken a loans separately.
Can 80c deduction be claimed both by him and his wife separately on repayment of loan in their return respectively
Vivek
(Finally passed CA Final...!!!!!)
(1097 Points)
Replied 20 February 2010
I think No...
Reason: under 80C, you can claim deduction only if the income from that house is chargeable under the head income from House property.
Now, go to Income from House property Section 22 (which is the charging section), it tells: The annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner , other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income-tax, shall be chargeable to income-tax under the head Income from house property.
The word of which Assessee is the owner is very important... Here, the owner is Husband... So, wife cant claim deduction.
Ofcourse, registration does not mean ownership... But still, it will be very difficult to convince the AO.... If you can convince that even wife is also the owner, then wife can claim deduction under section 80C,,,
This is my personal opinion.... I waiting for reply from other experts like Amir....
shushantsinghal
(BCOM(HONS),C.A)
(283 Points)
Replied 20 February 2010
since the loan is taken on the name of both wife & husband.....and registry in the name of husband then only husband can claim deduction .......if cheque is given both from husband & wife a/c then in wife balance sheet all cheque cleared shall be dr. in the name of husband and showed as loan & advances......
CAclubindia
