Section 40a3 and 269ss

This query is : Resolved 

22 July 2011

i) Whether payment of more than rs 20000 cash for different bill to a single vendor is allowed in single day?
ii) Whether deposit of cash of more than 20000 in a single day to a single vendor's bank account through bank slip also comes under 40a3. As the payment is through bank slip (i.e. bank voucher)

269 SS
i)It is sure from case studies that contribution of capital through partners doesnt comes under ambit of 269SS.
but whether the contribution from directors in a PVT. LTD. CO.( not a public ltd.) is consdiered as loan always. Cant their contribution on a regular basis for remitting to creditors be considered as investment or contribution as such?


Amol Gopal Kabra (CA,CS,DISA) (Expert)

22 July 2011

Section 40A3
1. It is allowed.
2. No. The section strictly speaks about account payee cheque or bank draft.

Partnership firm is not a separate legal entity. However, the company is a separate legal entity. When director brings cash, then it doesnot amount to capital contribution as the process for addition in capital is totally different in case of companies.

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