26 October 2010
Can a private ltd Co. accept loan in cash from its director?Also can the expenses of a company be paid by its director and be shown as unsecured loan from director in the books of the company?will Sec 269 of Income tAX Act apply?
There is restriction in companies act,1956 for pvt ltd companies to accept loan from directors.
Income Tax Act,1961
Section 269SS: No person shall take or accept any Loan or Deposit from any person otherwise than by way of an Account Payee Cheque or an Account Payee Draft, if:
The amount of Loan or Deposit, or If any Loan or Deposit was taken earlier and has remained unpaid (whether repayment has fallen due or not), then the amount of such Loan or Deposit together with interest, or The aggregate amount of (1.) and (2.)
is Rs. 20,000/- or more.
Expenses of a company paid by its director, Treat as unsecured loan from director in the books of the company.