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archit mantri

archit mantri (Querist)

04 May 2018 OF FURTHER DETAILS REQUIRED THAT CAN PARTNER INTRODUCED CASH 4 LAC IN DIFFERENT DATES (1 LAC ON EACH DATES)

CA. Mohit chaturvedi

CA. Mohit chaturvedi (Expert)

04 May 2018 Dear Archit,
As per this section- No person shall receive an amount of two lakh rupees or more—

(a) in aggregate from a person in a day; or
(b) in respect of a single transaction; or
(c) in respect of transactions relating to one event or occasion from a person,
otherwise than by an account payee cheque or an account payee bank draft or use of electronic clearing system through a bank account:

If you go through the literal interpretation of the same, Introducing capital by partner in his firm should be interpreted as below:-
a) as per your example 4 transactions are there in a year, hence in a day it is not crossing the limit.
b) since it is more than one transaction, it is not applicable.
c) in respect of transactions relating to one event or occasion from a person, Since the transaction is happening in more than one event or occasion hence clause c is also inapplicable.

Hence the introduction of capital being 4 lakh in a year in 4 installments can not attract section 269ST.
Thanks

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