Section

Deduction in respect of interest on loan taken for higher education

⁷⁴ [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 ^74a [or for the purpose of higher education of his relative].

(2) The deduction specified in sub-section (1) shall be allowed 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 ^74b [notified by the Central Government] under clause (23C) of section 10 or an institution referred to in clause (a) of sub-section (2) of section 80G;

(b ) "financial institution" means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette ⁷⁵, specify in this behalf;

(c ) "higher education" means full-time studies for any graduate or post-graduate course in engineering, medicine, management or for
post-graduate course in applied sciences or pure sciences including mathematics and statistics;

(d) "initial assessment year" means the assessment year relevant to the previous year, in which the assessee starts paying the interest on the loan.]

The following clause (e) shall be inserted after clause (d) of sub-section (3) of section 80E by the Finance Act, 2007, w.e.f. 1-4-2008 :

"relative", in relation to an individual, means the spouse and children of that individual.

74. Substituted by the Finance Act, 2005, w.e.f. 1-4-2006. Prior to its substitution, section 80E, as inserted by the Finance Act, 1994, w.e.f. 1-4-1995 and amended by the Finance Act, 2000, w.e.f. 1-4-2001, read as under :

‘80E. Deduction in respect of repayment of loan taken for higher education.—(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 repayment of loan, taken by him from any financial institution or any approved charitable institution for the purpose of pursuing his higher education, or interest on such loan :

Provided that the amount which may be so deducted shall not exceed forty thousand rupees.

(2) The deduction specified in sub-section (1) shall be allowed 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 loan referred to in sub-section (1) together with interest thereon 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 notified by the Central Government under clause (23C) of section 10 or an institution referred to in clause (a) of sub-section (2) of section 80G;

(b) "financial institution" means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette, specify in this behalf;

(c) "higher education" means full-time studies for any graduate or post-graduate course in engineering, medicine, management or for post-graduate course in applied sciences or pure sciences including mathematics and statistics;

(d) "initial assessment year" means the assessment year relevant to the previous year, in which the assessee starts repaying the loan or interest thereon.’

Earlier section 80E with heading "Deduction in respect of payment for securing retirement annuities" was inserted by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1968. Section 80E, thereafter, was amended by the Finance Act, 1968, w.e.f. 1-4-1969 and the Finance Act, 1984, w.e.f. 1-4-1984 and later on by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. This topic was dealt with by original section 80C which was inserted by the Finance Act, 1965, w.e.f. 1-4-1965.

Deduction in respect of interest on loan taken for higher education

Footnotes