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HP-14: Interest on Interest -- Penal Interest, Processing Fees and Section 24(b)

Sub-clause (b) of section 24 of the Income-tax Act, 1961 allows deduction of 'the amount of any interest payable on capital borrowed' for the property. Section 2(28A) defines 'interest' to include service fees and other charges in respect of the money borrowed, which leaves the lender's other charges open to argument…

Published 9 May 2026

The narrow scope of 'interest payable on borrowed capital' under sub-clause (b) of section 24 of the Income-tax Act, 1961 -- the disallowance of penalty / late-payment / processing / pre-payment / EMI-conversion charges; the practitioner's reconciliation discipline; and the Income Tax Appellate Tribunal jurisprudence on which charges qualify

Taxpayer Brief

Sub-clause (b) of section 24 of the Income-tax Act, 1961 allows deduction of 'the amount of any interest payable on capital borrowed' for the property. Interest at the agreed rate is clearly covered. Whether the lender's other charges -- processing and administration fees, penal interest for late payment, foreclosure charges -- are covered too is less clear: section 2(28A) defines 'interest' to include 'any service fee or other charge in respect of the moneys borrowed', but the Act does not settle whether that definition governs section 24(b), and claims for such charges are often questioned. Charges not payable for the borrowing at all, such as an insurance premium or stamp duty, are outside both. This article walks through the framework and the reconciliation of the lender's certificate.

Complexity Matrix

Feature

Complexity Level

Primary Risk

Standard EMI with separate interest and principal break-up

Low

Interest portion deductible; principal under section 80C

Loan with processing / administration fees

Medium

Processing fee arguably 'interest' under section 2(28A); claim open to challenge

Loan with penalty interest for delayed EMI

High

Penal interest claim open to challenge; interest at the agreed rate still allowed

EMI converted to interest-only / floating-to-fixed structure

Very High

Conversion charges may or may not be interest -- contestable

1. The Statutory Phrase -- 'Interest Payable on Borrowed Capital'

Phrase Element

Meaning

Interest

The price for the use of money; section 2(28A) extends it to any service fee or other charge in respect of the money borrowed

Payable

Includes both paid and accrued in the relevant year

On borrowed capital

Payable in respect of the sum borrowed for the property

For acquisition / construction / repair / renovation

Sub-clause (b) limits the application to property-related borrowing

2. Charge-by-Charge Analysis

Bank Charge

Section 24(b) Treatment

Reasoning

Interest on principal at the contracted rate

Allowable

Genuine interest on borrowed capital

Late-payment / penal interest for delayed EMI

Contestable

Interest payable in respect of the loan, but levied for the borrower's default; whether section 2(28A) brings it in is unsettled

Loan processing fee (typically 0.5-2% of loan amount, charged at sanction)

Contestable

A service fee in respect of the money borrowed falls within the words of section 2(28A); whether that definition governs section 24(b) is unsettled

Loan administration / annual maintenance fee

Contestable

A service fee in respect of the loan -- same question as the processing fee

Pre-payment / foreclosure charge

Contestable

A charge in respect of the money borrowed, but payable for early repayment rather than for the use of the money

EMI-bouncing charge

Doubtful

Charged for the dishonoured payment rather than for the borrowing

Conversion charge (floating-to-fixed rate change)

Contestable

A charge in respect of the loan -- same question as the processing fee

Insurance premium on loan-protection policy

Not allowable under section 24(b)

Insurance premium is a separate charge

Stamp duty on the loan documents

Not allowable

Statutory duty, not interest

Cheque-return charge / electronic-clearing-service rejection charge

Doubtful

Charged for the dishonoured payment rather than for the borrowing

The bank statement is misleading by design

Banks typically issue a single 'Annual Interest Certificate' that aggregates all loan-related charges -- some interest, some not. Many borrowers and even some practitioners treat the entire figure as deductible. A careful read of the certificate's break-up table or a written confirmation from the lender separating the interest component from the other charges is essential.

Statutory Reference: what counts as interest

Section 24(b) of the Income-tax Act, 1961 allows the amount of any interest payable on capital borrowed to acquire, construct, repair, renew or reconstruct the property. Section 2(28A) defines 'interest' widely, to include 'any service fee or other charge in respect of the moneys borrowed'. Whether that definition carries a processing fee into section 24(b) is not settled by the Act, so a claim for it is open to challenge. The same question arises for penal interest and other charges levied on default.

3. Worked Example -- Bank Annual Certificate Reconciliation

Mr. Aakash's annual home-loan certificate from State Bank of India for financial year 2025-26 shows -- Total amount paid ₹3,80,000, broken up as: Interest ₹3,50,000; Processing fee ₹15,000 (charged at top-up sanction); Penal interest for two delayed EMIs ₹6,000; EMI-bouncing charge ₹2,000; Document handling charge ₹1,500; Insurance premium ₹5,500.

Charge

Amount

Deductible under Section 24(b)?

Interest on principal

₹3,50,000

Yes -- full

Processing fee

₹15,000

Contestable

Penal interest

₹6,000

Contestable

EMI-bouncing charge

₹2,000

Doubtful

Document handling charge

₹1,500

Contestable

Insurance premium

₹5,500

No (may be deductible under section 80C if eligible)

Clearly deductible under section 24(b)

₹3,50,000

Not clearly deductible from the ₹3,80,000 line

₹30,000

The 7.9% that is not clearly interest

Mr. Aakash's certificate has ₹30,000 (7.9%) that is not interest at the agreed rate. If that amount is claimed and disallowed, the tax at a 30% slab plus 4% cess is ₹9,360, with interest. Claiming only the ₹3,50,000 avoids the dispute; claiming the fees in reliance on section 2(28A) invites it, and the insurance premium is not interest on any reading.

4. The Processing-Fee Special Case -- Capitalisation Argument

It is sometimes argued that the processing fee, being a one-time cost incurred to obtain the loan, can be added to the cost of acquisition of the property and recovered through the capital-gain computation on a later sale. That is an alternative to a claim under section 24(b) read with section 2(28A), not an addition to it: the proviso to section 48(ii) excludes from cost any interest already deducted under section 24(b), so the same fee cannot be both deducted now and capitalised later.

5. The Pre-Payment Charge -- Statutory Reform

The Reserve Bank of India in 2014 prohibited banks from charging foreclosure / pre-payment penalty on floating-rate home loans of individuals. The penalty continues to apply on fixed-rate loans. Where charged, the pre-payment penalty raises the same section 2(28A) question as the lender's other charges, with the added point that it is paid for early repayment rather than for the use of the money. The position is the same where the loan is refinanced with a different lender.

6. Documentation Discipline

  • Annual interest certificate from the lender -- demand a detailed break-up if not provided.
  • Loan sanction letter showing the original processing fee.
  • EMI schedule with separate interest and principal columns.
  • Bank-statement reconciliation showing the actual debits against the certificate.
  • Schedule HP entry showing the section 24(b) deductible interest only -- not the total.
  • Annual reconciliation working in client file documenting each charge type and treatment.

7. Key Takeaways

  • Sub-clause (b) of section 24 covers 'interest payable on capital borrowed'; section 2(28A) defines interest to include service fees and other charges in respect of the money borrowed.
  • Interest at the agreed rate is deductible; processing, administration, conversion and pre-payment charges and penal interest are contestable; insurance premium and stamp duty are not interest.
  • Bank annual certificates aggregate all charges; practitioner discipline requires per-charge reconciliation.
  • Processing fee may have a capitalisation argument for capital-gain purposes -- but cannot be double-claimed.
  • Annual reconciliation of the lender's certificate separates the clear interest from the contestable charges.

Disclaimer: This article is for general information only. It does not constitute tax / legal advice. Please consult a qualified Chartered Accountant or tax practitioner for advice specific to your circumstances. The legal position is current as of FA 2024 (No. 2) / FA 2025; subsequent amendments and CBDT notifications may modify the position.