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Interest free loan from shareholders


22 April 2011 Dear Experts,
A company "ABC Ltd" is shareholder (having 10% shareholding) of company "XYZ Pvt Ltd". Can "ABC" give interest free loan to company "XYZ".
As far as I think from income tax point of view we can not give. If yes we can given then is there any section or case which I can refer to.
Need clarification.
Thanking you

22 April 2011 THE AMOUNT OF LOAN WILL BE TREATED AS DEEMED DIVIDEND UNDER SECTION 2(22)(e)

CA MANOJ GUPTA
JODHPUR
09828510543

25 April 2011 Manoj Ji,

In this case shareholder has given loan to company hence deemed dividend provision is not applicable.

Thanking you




25 April 2011 Dear

ABC can give loan to XYZ. IT IS NOT HIT BY SECTION 2(22)(e).

regards


25 April 2011 the only piont u have to keep in mind is that if ABC Ltd is having any borrowed money at its B/s than interest paid on such capital may be disallowed

CA MANOJ GUPTA
JODHPUR
09828510543

25 April 2011 Manoj Ji,

Thanks for the reply.

I need some clarification further, is there any section or case law which says that loan given by shareholder (interest free) is allowable from income tax point of view.

Further, is there any shareholding limit for giving interest free loan.

Thanks and regards



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