Company has recieved advance which is not adjusted within 365 days. So this is considered as deposit. How to return this advance amount???
Replies (10)
Quick Summary
This discussion clarifies how to handle advance payments received by a company that haven't been adjusted within 365 days, as these may be classified as deposits under the Companies Act 2013. It explores the distinction between advances and deposits, the relevant sections of the Act (73-76), and how the source and purpose of the funds are crucial. The advice suggests that if the advance is tied to a specific contract or service (like a warranty), it might be exempt from deposit rules, even if utilisation extends beyond 365 days, provided this is clearly stated in the contract. If not properly accounted for, there's a limited window to return the money before stricter deposit provisions apply.
First of All Advances are not exempted deposits ,it to be as per rule 2(1)(c) of AOD rules ,By the way amount to be appropriated towards good and services ,actual utilisation may go beyond 365 days... like warranty contract ( 5 Yrs ) where money recived should be appropriated towards such contract within 365 days...If you already mention in contract that such amount is for such purpose then as per view 365 days criteria will not bar it ...
As per law ,money to money transaction Is deposit and all monies which business ows always shown in liabilities side ,its not relevant for Companies act compliance...
Queriest originally asked how to Return the amount ? and money can be returned back within 15 days of expiry of 365 days ,else deposit provisions will trigger...
The contention is wrong that advance can't be deposit ...while it's exempted deposit ,read rule 2(1)(c) of deposit rules