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Exemption of Interest paid on personal loan under section 24

21 May 2019

If a sister takes loan from her NRI brother for house purchase, can she claim deduction upto ₹ 2 Lakhs from her income, as interest paid to brother on the principal loan amount under section 24 ? If yes, does this amount get added to brother's Indian income?

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7 Replies

Giridhar S Karandikar (Team Lead) (7543 Points)
Replied 21 May 2019

yes you can claim. brother needs to report interest income in his return

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ashok oza (274 Points)
Replied 21 May 2019

Thanks Giridhar. But there's No provision in ITR2 to show this claim amount under section 24. Can this amount be directly deducted while calculating "Computation of total taxable income??🤔

Giridhar S Karandikar (Team Lead) (7543 Points)
Replied 21 May 2019

in h part of the house property tab you can show it under interest payable on borrowed capital

ashok oza (274 Points)
Replied 22 May 2019

Thanks again, Giridhar. I think the software will automatically calculate tax, after deducting this amount shown in h part of House Property Schedule. Regards.

Giridhar S Karandikar (Team Lead) (7543 Points)
Replied 22 May 2019

yes you are right

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ashok oza (274 Points)
Replied 22 May 2019

Thanks and best regards

Suresh Thiyagarajan (Student) (3986 Points)
Replied 24 June 2019

1. According to sec 24(b) interest on borrowed capital for the purpose of the purchase, construction, repair, renovation of House property will be allowed as a deduction to the extent of Rs. 2 lakhs. Interest can also be claimed on accural basis.
2. They have mentioned it as a person and no mention of Banks or Financial institution. However, there are case laws which corroborate where interest on borrowed capital is allowed when it is obtained from an Individual or tenant for that matter.
3. In the case of Shivom Build Con(P) ltd vs ITO, interest on borrowed capital is allowed which is obtained from Tenant.
4. In the case of Gopi Kishan Purohit VS CIT unpaid purchase price constitute borrowed capital and interest paid on the same will be allowed as deduction.
5. In all the above cases Borrowed capital was from a person other than banks and F.I. Keeping the case laws in consideration we can say that Capital borrowed from your brother is eligible capital and interest paid on the same will be allowed as deduction.
6. However, TDS need to be deducted u/s 195 ( @ 20% in case of foreign currency borrowings or 30% in other cases).
7. In order to claim interest on borrowed capital u/s 24(b), there must be a documentary evidence or any other proof. So it is recommended to have a proper agreement put in the paper.
8. With respect to interest income, it will be taxed in the hands of your brother and as I said before TDS u/s 195 need to be deducted before remittance of such amount.
Please correct me if the above interpretation has an alternative view.