Will Consumer Loan From GE Money Utilised For House Construction Give Tax Benefit?

July 11, 2007 by taxworry · Leave a Comment

I have taken a loan from GE Money. They have termed the loan as ” Consumer loan” with Product type as “Home Equity”.My question is, ” Am i eligible for income tax exemptions as per section 24(b) and 80C(2) XVIII of the income tax act 1961?” Rachel Anitha.

While there is no bar of taking home loan from even from your friends for allowance of interest u/s 24 of the I T Act( read this answer) , section 80C certainly provides restriction regarding the person from whom loan taken for house purpose can only be allowed deduction u/s 80C . The provision under 80C (xviii)© gives list following persons from whom home loan is sanction for purpose of 80C deduction

(xviii) for the purposes of purchase or construction of a residential house property the income from which is chargeable to tax under the head Income from house property (or which would, if it had not been used for the assessees own residence, have been chargeable to tax under that head), where such payments are made towards or by way of

(a) any instalment or part payment of the amount due under any self-financing or other scheme of any development authority, housing board or other authority engaged in the construction and sale of house property on ownership basis; or

(b) any instalment or part payment of the amount due to any company or co-operative society of which the assessee is a shareholder or member towards the cost of the house property allotted to him; or

(c) repayment of the amount borrowed by the assessee from

(1) the Central Government or any State Government, or

(2) any bank, including a co-operative bank, or

(3) the Life Insurance Corporation, or

(4) the National Housing Bank, or

(5) any public company formed and registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes which is eligible for deduction under clause (viii) of sub-section (1) of section 36, or

(6) any company in which the public are substantially interested or any co-operative society, where such company or co-operative society is engaged in the business of financing the construction of houses, or

(7) the assessees employer where such employer is an authority or a board or a corporation or any other body established or constituted under a Central or State Act, or

(8) the assessees employer where such employer is a public company or a public sector company or a university established by law or a college affiliated to such university or a local authority or a co-operative society; or

I do not find that GE Money will fall under any category of banks company or financial institution referred under 80C (xviii)© provision of the I T Act. Therefore deduction us/ 24 will be allowed but not u/s 80C.

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