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TMI Blog2016 (3) TMI 1452X X X X Extracts X X X X X X X X Extracts X X X X ..... AL MEMBER: The assessee is in appeal before us against the order of ld.Commissioner Income-Tax (Appeals)-7, Ahmedabad dated 7.5.2015 passed for the Asstt.Year 2011-12 2. Solitary grievance of the assessee is that ld.First Appellate Authority has erred in confirming the addition of Rs.31,959/-, which was disallowed by the ld.AO out of the claim made u/s.80E of the Income Tax Act. 3. Brief facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f or for their relatives. The ld.AO has observed that the education loan was taken by the married major son of the assessee, and therefore, cannot claim interest under section 80E of the Income Tax. The AO rectified the assessment order under section 143(3). He disallowed a sum of Rs.39,959/- and determined taxable income of the assessee at Rs.6,58,820/- as against Rs.6,26,861/- determined in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me 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 97 [or for the purpose of higher education of his relative]." 7. A perusal of the above section would indicate that if an assessee has incurred interest expenditure for the education loan of any relatives in any financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee annexed form no.16 along with her return and shown the deduction under section 80E. This step must have been taken by the designated employer or by the assessee after due consideration of section 80E and loan documentation. Such stand can be dispelled after perusal of the loan documents and other details. It cannot be a subject matter of proceedings under section 154. Therefore, we al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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