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Shri Nitin Shantilal Muthiyan Versus DCIT-1, Ahmednagar Circle, Ahmednagar

Denial of deduction u/s.80E - AO denied the deduction on the ground that the same is allowably only in case of Indian Educational Institutes which are authorised in India and naturally not for Abroad or Foreign education institutes - Held that:- We find merit in the submission of 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 .....

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Secondary Education examination or its equivalent and since the interest expenditure is not in dispute, therefore, we do not find any reason as to why the assessee shall not get the benefit of deduction u/s.80E of the I.T. Act. In this view of the matter, we set aside the order of the CIT(A) and direct the Assessing Officer to allow the deduction u/s.80E of the I.T. Act. - Decided in favour of assessee. - ITA No.332/PN/2014 - Dated:- 15-5-2015 - Shri R.K. Panda and Shri Vikas Awasthy, JJ. For Th .....

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filed his return of income declaring total income at ₹ 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 ₹ 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 .....

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5/- on the ground that the educational institute is not authorised by any of the authorities as mentioned in section 80E(3)(c) of the I.T. Act. 4. Before CIT(A) it was submitted that the son of the assessee is taking higher education in Washington, United States of America and nowhere in the provisions it is mentioned that the Education should be taken in India only for claiming deduction u/s.80R. 5. However, the Ld.CIT(A) also was not satisfied with the explanation given by the assessee. He ref .....

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n is undertaking education is approved either by the Central Govt. or by any other authority authorised for this purpose. Secondly and more importantly, there is no evidence to suggest that he is pursuing higher 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 amo .....

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rical Engineering in Washington, United States of America which according to him is not recognised by any of the authorities mentioned in section 80E(3)(c) of the I.T. Act. However, as per the requirement of the said section, it is any course of studies pursued after passing the Senior Secondary or its equivalent from any University or Board recognised by the Central Govt. He submitted that the Ld.CIT(A) confirmed the disallowance altogether on different ground. According to him the assessee has .....

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one to U.S. for higher studies after completing his Bachelor of Engineering in Electronics & Telecommunication Branch from University of Pune. He submitted that since the Assessing Officer has already given a categorical finding about the higher education taken by the son of the assessee, therefore, the observation made by the CIT(A) are mere surmises. He submitted that there is no stipulation u/s.80E of the I.T. Act that the education should be in India only. If the legislature has such an .....

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ot 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(A). 10. We have considered rival argument made by both the sides. The payment of interest on loan is not in dispute. The dispute is only regarding allowability of the interest u/s.80E of the I.T. Act. We find the provisions of section 80E are as under : 80E. (1) In computing the total .....

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in computing the total income in respect of the initial assessment year and seven assessment years immediately succeeding the initial assessment year or until the interest referred to in sub-section (1) is paid by the assessee in full, whichever is earlier. (3) For the purposes of this section,- (a) approved charitable institution means an institution specified in, or, as the case may be, an institution established for charitable purposes and 40[approved by the prescribed authority] under clause .....

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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 relation to an individual, means the spouse and children .....

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education is approved either by the Central Govt. or by any other authority authorised for this purpose and the assessee has not given the name of the course or program undertaken by his son in any of the university or institute. 12. So far as the objections of the Ld.CIT(A) are concerned, we find the Assessing Officer has categorically mentioned in the assessment order that the assessee s son is taking higher education (MS Electrical Engineering) in Washington, United States of America. The ass .....

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