Interest free loan to group concern


This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
26 December 2012 Respected Experts

Please clarify: A Private Limited Company having paid up share capital of RS. 20 Crore made Interest free loan of Rs. 1 Crore to its Group Concern.

Please clarify whether Interest free loan allowed as reference to Companies Act, 1956 and Income Tax Act, 1961

26 December 2012 Need to check 2(22)(e) of income tax as well. Views please.

26 December 2012 372A of Companies Act, no loan to any body corporate shall be made at a rate of interest lower than the prevailing bank rate, being the
standard rate made public under section 49 of the Reserve Bank of India Act, 1934.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
26 December 2012 Mr. S Sivasalapathy Sec 372A will not applicable to Private Limited Company.
So question for Interest at prevailing rate will not arise.

Please provide alternate solution.

26 December 2012 1) Section 2(22)(e) of the Income tax Act applies only if the lending company is a 'domestic company' and it possesses 'accumulated profit'.

2) Section 372A of the Companies Act,1956 doesn't apply to a private limited company unless it is a subsidiary of a public company.


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



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
Featured 27 October 2026
semi-qualified CA

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Final

View Details
Company
Featured ARTICLESHIP 31 October 2026
CA Articleship

apricus india

Navi Mumbai

CA Inter

View Details
Company
12 November 2026
Tax Product Specialist

BharatX.ai

Gurgaon

B.Com

View Details
Company
ARTICLESHIP 07 November 2026
Article Assisstant

DPV & Associates

Chennai

CA Inter

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details
Company
Featured 07 November 2026
Paid Assisstant

DPV & Associates

Chennai

CA Inter

View Details
Company
ARTICLESHIP 22 October 2026
Articleship intern

Srinath Manikanta

Hyderabad

CA Inter

View Details