Thursday, July 31, 2014

Re: [aaykarbhavan] Interest free loan to the proprietorship concern of relative



Hi Mukesh,

If i have understood you correctly, a proprietorship unit (proprietor "P") want to take interest free loan from:-

(a) P's relative ("R"), in its individual capacity, 
(b) a firm in which R is a partner.

No amount of justifications / documentations will absolve P from escaping provisions of the Income Tax Act, 1961, in being assessed for "unexplained credits". It also depends on the tax track records (financial capability) of P and R, to what extent it comes down heavily on P and / or R.

Reason is quite simple, nothing is free in today's world. So, if a loan is given free then there is definitely something else which is being hid - like interest is actually payable but in "cash", or it is actually sale of some assets but instead of booking the sale proceeds (and the consequent offering taxable income out of such sale), which is shown as interest free loan.

Hence, advisable to avoid such transactions to attract attention of tax authorities for peanuts.








Best Regards,

CA SUDHIR G AGRAWAL
SUDHIR G AGRAWAL & ASSOCIATES
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On Fri, Aug 1, 2014 at 12:50 AM, Mukesh Katara mukeshkatara@gmail.com [aaykarbhavan] <aaykarbhavan@yahoogroups.com> wrote:
 

Whether a relative can give interest free loan to the proprietorship concern of relative...and one more if firm given imterest free  loan to proprietorship ...pls explain with income tax act.

Thanking you

Mukesh katara
9979743486




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Posted by: Sudhir G Agrawal <casudhiragrawal@gmail.com>


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