tax audit.
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
30 August 2010
sir my query is regarding section 40(A)2:
Assessee is a lady (Prop. Firm). Unsecured loans arnd 12-15. Taken loan from both sons, their wives, and inlaws of 1 son. Will all these persons come in definition of relative under 40(A)2 for disclosing interest paid to them.
Also rent is paid to both daughter in laws for godown.
Pls clarify my problem with complete definition of relative for INDIVIDUAL for this SECTION.
Thanks
Assessee is a lady (Prop. Firm). Unsecured loans arnd 12-15. Taken loan from both sons, their wives, and inlaws of 1 son. Will all these persons come in definition of relative under 40(A)2 for disclosing interest paid to them.
Also rent is paid to both daughter in laws for godown.
Pls clarify my problem with complete definition of relative for INDIVIDUAL for this SECTION.
Thanks
30 August 2010
Amounts not deductible in respect of payment to Relatives [Sec. 40A(2)]
As per the provisions of this section any payment made by an assessee to any of his ‘Relatives’ in respect of any expenditure is disallowable to the extent it is considered excessive, or unreasonable, having regard to the market value of Goods or Services or Facilities etc.
‘Relative’ is defined to include Husband, Wife, Brother, Sister or any other Lineal Ascendant or Descendant;
For Detailed Definition of Relative please check below article---
https://www.caclubindia.com/articles/relatives-under-the-income-tax-act-a-relative-concept-963.asp
As per the provisions of this section any payment made by an assessee to any of his ‘Relatives’ in respect of any expenditure is disallowable to the extent it is considered excessive, or unreasonable, having regard to the market value of Goods or Services or Facilities etc.
‘Relative’ is defined to include Husband, Wife, Brother, Sister or any other Lineal Ascendant or Descendant;
For Detailed Definition of Relative please check below article---
https://www.caclubindia.com/articles/relatives-under-the-income-tax-act-a-relative-concept-963.asp
30 August 2010
Relative for the purpose of section 40A(2) is spouse, brother,sister ,any lineal ascendant or descendant of the individual.
30 August 2010
in this case sons wives and in-laws are not relatives
31 August 2010
Section 2(41) “relative”, in relation to an individual, means the husband, wife, brother or sister or any lineal ascendant or descendant of that individual ;
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