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loan given to director

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Querist : Anonymous (Querist)
31 January 2011 Is there any restriction on a director of a pvt ltd co to receive any loan from the company in cash or kind.

31 January 2011 Section 295 of the Companies Act,1956 says about loan to directors. But this section is not applicable to Private Limited companies.
If the company have accumulated profits, the said loan will be treated as deemed dividend under section 2 (22)(e) of the IT Act,1961 and will be assessed in the hands of the said director.

31 January 2011 Agree with Warrierji.

31 January 2011 In my opinion, if that director does not hold 10% shares of that Company, Section 2(22)(e) of the It Act will not get attract

01 February 2011 Agreed with Sunil Sir!

God Bless

CS Udit Sharma


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