• Tax on borrowed amount

I borrowed an amount of 5 lakh each from my 2 relatives in cash and deposited it in my SB account. Out of 10 lakh 5 lakh used to buy a home and rest kept in SB account. Now, the bought house was sold within 1 year at no profit no loss basis and proceeds of the sale used to close housing loan. 
Will I have to pay income tax on 10 lakh that i had l borrowed in cash? If yes then how to avoid this?
Asked 4 years ago in Income Tax

any amount received over and above 2 lac in single transaction is subject to 100% tax payment of the amount

 

Accordingly this amount shall be taxable

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

Hi sir

To find the taxability of Rs 10 lakhs I need to see the relation between u & ur relative because As per the Income tax act, the sum of money received from any of your relatives are fully exempt from tax.

 

Relatives will be as per Section 56(2)(VII) of the Income Tax Act,1961.

 

so let me know the relation so that I can guide u better

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Poorvi Jain
CA, Indore
143 Answers
1 Consultation

There is a 100% penalty on accepting or repaying loan in case above ₹20000.

Therefore if you are going to show it as loan you will have to pay 100% penalty on same.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

Hi sir

if u received from father then wether ur father filled income tax return??

i need to know the source of rs 10 lacs

because amount received from father is exempt from tax

u can contact me for more info

 

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Poorvi Jain
CA, Indore
143 Answers
1 Consultation

Yes because borrowing not allowed in cash

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

Hi

 

You cannot show it as a loan as provisions of section 169SS will hit.

 

Show it as a gift received. If it is a gift from relatives, it would be exempt income and no taxes shall have to be paid. 

Lakshita Bhandari
CA, Mumbai
5687 Answers
933 Consultations

If it is received from your father, gift is exempt.

Lakshita Bhandari
CA, Mumbai
5687 Answers
933 Consultations

Yes as per the law if you show it.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

Hello,

 

Any person who receives a sum of Rs 2 Lakh and above is liable for a penalty equal to the amount of such receipt.

I hope that this answer satisfies your requirements. 

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Money received from father as a gift would be exempt.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

- Show the amount as gift subject to the application of cash limit of Rs.2 lacs.

Vivek Kumar Arora
CA, Delhi
4943 Answers
1101 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Gifts from family members are not taxable u/s 56 of income tax act.

 

It is advisable to show the same as gift from father.  There will be no tax liability on you for receiving money from father as the same will be treated as gift money.

 

 

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

It is advisable to take a phone consultation for detailed discussion.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

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