Tds

This query is : Resolved 

19 March 2014 If company is proprietor firm, & take loan in personal account, so, TDS deduction is applicable on loan or not ?

19 March 2014 Your Question is not clear at all

20 March 2014 I means,

If Mr. A is proprietor of company name of xyz co. & if xyz co.'s bank account in icici bank & Mr. A's bank account in HDFC. Now, Mr. A loan received as unsecured in his personal HDFC bank account. Now , Mr. A give intrest on loan. So, TDS is applicable for deduct against Intrest or not.

27 July 2025 Got it! Here’s the clarification:

* If **Mr. A** (the proprietor) **lends money to his own firm (xyz co.) from his personal account**, and the firm pays **interest to Mr. A** on that loan, then:

### Is TDS applicable on interest paid by the firm to Mr. A (proprietor)?

**No, TDS is not applicable in this case** because:

* The payment is between a **proprietor and his own business (proprietorship firm)** — the firm and the proprietor are not separate legal entities.
* As per Income Tax rules, interest paid to the proprietor on capital or loans given by the proprietor to the firm is **not treated as an income liable for TDS deduction** by the firm.

### Key points:

* The interest paid by the firm to Mr. A is **income in the hands of Mr. A** and will be taxed in his personal income tax return.
* The firm does **not deduct TDS** on interest paid to the proprietor’s personal loan.

---

### Summary:

| Situation | Is TDS Deductible? |
| ------------------------------------------------------- | ------------------------ |
| Interest paid by firm to proprietor on personal loan | **No** |
| Interest paid by company to third party (banks, others) | Yes (under Section 194A) |

---

Let me know if you want any sample journal entries or further explanation!


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query