Deduction under section 80E

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Hi All,

I have taken a loan for my borther for higher studies and he is dependednt on me. but the act says "legal guardian"..

Can anyone say what does this stands for and can i claim the installment and interest on loan taken for my brother which is in his name and not mine.

[Deduction in respect of interest on loan taken for higher education.

80E. (1) In computing the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, any amount paid by him in the previous year, out of his income chargeable to tax, by way of interest on loan taken by him from any financial institution or any approved charitable institution for the purpose of pursuing his higher education [or for the purpose of higher education of his relative].

           [(e)  “relative”, in relation to an individual, means the spouse and children of that individual or the student for whom the individual is the legal guardian.]

Replies (7)

Is his father and mother still alive

Sorry I am asking this question but if they are then the deduction will not be allowed as they are his legal guardian and if otherwise the deduction will be allowed to you.

Hi,

Its ok..This post has been written on behalf of my friend. Mother is alive.

But my friend is the only earning memeber in the family.

Dear Prity,

     In the  THE GUARDIANS AND WARDS ACT,1890, (Extends to India), there is no provision that brothers and sisters are legal guardians by themselves. Hence, if the sister has applied to court for guardianship, she could become LEGAL GUARDIAN as per I.T.ACT,1961. Hence, in ur case, deducation cannot be claimed

please guide .....................

good question and wonderful answer by GM Narayanan, presuming the answer to be right

Thanks for the guidance

Prity,

As per the Act is not allowed.

But practically just claim it. For small amounts it wont be a problem.

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