14 May 2011
a company has given loans to a person in crores and the person has donated the money to a trust,.The company and the trust are related parties.Is there any tax angle involves in it ,,,or is this not diversion of funds
14 May 2011
BOTH ARE SEPARATE ENTITIES IT IS NOT DIVERSION OF FUNDS THE CO WOLUD BE A CREDITOR SO FAR AS THE OTHER PERSON IS CONCERNED OR OTHER PERSON WLD BE A DEBTOR BUT THE PROBLEM MAY ARISE WHEN THE CO WLD WRITE OFF THE LOAN MONEY BUT IN THAT CASE ALSO THE PERSON CONCERNED WILL ESCAPE SECTION 41(1) CO WILL NOT BE ABLE TO GET DEDUCTION FOR BAD DEBT CA MANOJ GUPTA JODHPUR 09828510543