Investment of loan amount

Others 624 views 3 replies

Proprietory Firm A has taken loan from person B.

- Can part of the loan amount be invested in another Proprietory Firm C?

- Can part of the loan amount be invested in financial instruments (Deposits, Mutual Funds, Stocks) in the name of the Proprietor of A?

- What are the implications on the income tax for A in both cases? Will there be any rebate for the interest paid to B?

- Should the income generated from investment in C & financial instruments be treated as other income?

- If A does only the above activities, what kind of firm is A?

Replies (3)

My answers:

Q.1:  Yes

Q.2: Yes

Q.3:  Interest paid will be allowed as expense only if the amount of loan is invested for genuine business purpose.  Further, Sec.14A of IT Act has to be kept in mind which disallows interest on loan if the relevant income by way of dividend is exempt from income tax.

Q.4:  Yes, if the the investment activity is not the business of the proprietor.

Q.5:  Income tax return is filed for the proprietor for all his proprietorship concerns and not for one particular proprietorship concern.  I am not aware of activity of Firm A and hence cannot comment. 

 

Originally posted by : P C Agrawal

My answers:

Q.1:  Yes

Q.2: Yes

Q.3:  Interest paid will be allowed as expense only if the amount of loan is invested for genuine business purpose.  Further, Sec.14A of IT Act has to be kept in mind which disallows interest on loan if the relevant income by way of dividend is exempt from income tax.

Q.4:  Yes, if the the investment activity is not the business of the proprietor.

Q.5:  Income tax return is filed for the proprietor for all his proprietorship concerns and not for one particular proprietorship concern.  I am not aware of activity of Firm A and hence cannot comment. 

 


Q5: Are you saying that if A is the Proprietor of firms B & C, Income tax is filed in the name of A which includes income from B, C & any other personal income of A even though B & C may be engaged in totally unrelated businesses?

Definitely yes, because IT return is filed for each PAN separately and PAN is allotted only in the name of the proprietor himself and not for each proprietorship concerns.

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details