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Income tax- cash loan

SHRMONEY (solve legal finance problems - shrmoney@gmail.com) (148 Points)

05 August 2012

What is the provision in the Income tax act for accepting cash loans., and what are execetions to the rule.

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6 Replies

Devendra (Chartered Accountant) (4775 Points)
Replied 05 August 2012

As per section 269SS of the Income Tax Act,1961, an individual cannot accept cash loan more than Rs. 20000/-.

Regards,

Devendra Kulkarni

CA. Avinash DEWAN (PROFESSION) (29 Points)
Replied 05 August 2012

Originally posted by : lawproblems

Excuse me Devendra, but there is a difference of Re. 1 in your advice. Section 269SS talks about loans or deposits of Rs. 20,000 or more which means loans upto Rs. 19,999 are outside the purview of this section. However, it is not just one transaction of loan or deposit, it is the aggregate amount of such loan or deposit. The bare act is reproduced below for reference of "lawproblems" too :

[Mode of taking or accepting certain loans and deposits.

²³269SS. No person shall, after the 30th day of June, 1984, take or accept from any other person (hereafter in this section referred to as the depositor), any loan or deposit otherwise than by an account payee cheque or account payee bank draft if,—

(a) the amount of such loan or deposit or the aggregate amount of such loan and deposit ; or

(b) on the date of taking or accepting such loan or deposit, any loan or deposit taken or accepted earlier by such person from the depositor is remaining unpaid (whether repayment has fallen due or not), the amount or the aggregate amount remaining unpaid ; or

(c) the amount or the aggregate amount referred to in clause (a) together with the amount or the aggregate amount referred to in clause (b),

is ²⁴[twenty] thousand rupees or more :

Provided that the provisions of this section shall not apply to any loan or deposit taken or accepted from, or any loan or deposit taken or accepted by,—

(a) Government ;

(b) any banking company, post office savings bank or co-operative bank ;

(d) any Government company²⁵ as defined in section 617 of the Companies Act, 1956 (1 of 1956);

(e) such other institution, association or body or class of institutions, associations or bodies which the Central Government may, for reasons to be recorded in writing, notify²⁶ in this behalf in the Official Gazette :

²⁷[Provided further that the provisions of this section shall not apply to any loan or deposit where the person from whom the loan or deposit is taken or accepted and the person by whom the loan or deposit is taken or accepted are both having agricultural income and neither of them has any income chargeable to tax under this Act.]

Explanation.—For the purposes of this section,—

²⁸[(i) “banking company” means a company to which the Banking Regulation Act, 1949 (10 of 1949), applies and includes any bank or banking institution referred to in section 51 of that Act;]

(ii) “co-operative bank” shall have the meaning assigned to it in Part V of the Banking Regulation Act, 1949 (10 of 1949) ;

(iii) “loan or deposit” means loan or deposit of money.]