one of the it individual assessess maintained a proprietary firm and cash balance available low in account records. question: cash loan from proprietary name taken allowed in it act.
Hi Kollipara! Regarding your question on loan from proprietary name to individual under the Income Tax Act:
A proprietary concern and the individual proprietor are one and the same person legally.
So, any loan taken by the individual from his own proprietary firm is essentially a transaction within the same entity for income tax purposes.
Therefore, no separate "loan" can be recognized from the proprietary firm to the individual because they are not distinct legal entities.
Cash loan shown from proprietary firm to the individual will not be considered as an external loan under Income Tax Act.
However, if the concern is maintained separately and the individual takes money from it, it will be treated as capital withdrawal or drawings, not a loan.
In short: Loan from own proprietary concern to self is not a valid loan under IT Act; it’s treated as drawings or capital withdrawal.
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