1. INTEREST-FREE LOANS TO LOSE TAX BURDEN May 12, 2009 Front Page Page 1
INTEREST-FREE LOANS TO LOSE TAX BURDEN
ITAT Ruling On Loans From Non-Relatives
Ram Narsinghdev Sahgal MUMBAI
IN A first-of-its-kind judgement, the Income-Tax Appellate Tribunal (ITAT) recently ruled that a recipient of an interest-free loan from a non-relative is not liable to pay tax. The judgement will come as a major relief for people who borrow money from friends and colleagues and latter grapple with notices from tax authorities.
Section 56 (2)(v) of the Income Tax Act provides for taxing any sum of money in excess of Rs 25,000 received without consideration by an individual or a Hindu Undivided Family (HUF) from any source other than a relative. Occasions where the recipient is exempted from tax are during a marriage, or in cases where the amount is received under a will, or by way of inheritance or in contemplation of death of the payer.