A and B are partners without any partnership deed. B has given loan of Rs.2,00,000 to the firm on 1st July 2023. B claim interest on loan @ 10% p.a. How much interest on loan will be paid to B for the year ending on 31st March 2024. ?
A and B are partners without any partnership deed. B has given loan of Rs.2,00,000 to the firm on 1st July 2023. B claim interest on loan @ 10% p.a. How much interest on loan will be paid to B for the year ending on 31st March 2024. ?
Solution
When there is no partnership deed, the provisions of the Indian Partnership Act, 1932 apply.
According to Section 13(d) of the Act, interest on a partner's loan to the firm is allowed at 6% per annum, regardless of what rate the partner claims.
Even though B claims 10% interest, only 6% p.a. will be allowed.
Calculation of Interest:
Loan Amount = Rs. 2,00,000
Period = 1st July 2023 to 31st March 2024 = 9 months
Rate = 6% p.a.
Using the formula: Interest =
Interest =
Interest =
Interest =
Interest = Rs. 9,000
The key point here is that in the absence of a partnership deed, the statutory rate of 6% p.a. applies to partner's loans, not the rate claimed by the partner. The time period of 9 months (from July to March) is also crucial for the calculation.
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