Loan from proprietary name allowed in it act

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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.
Replies (1)

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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