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CA Vishal kapoor (Partner)     21 June 2010

sec 269 ss

hi ,

     my question is that the limit of Rs 20000 in sec 269SS of loan taken in cash is one time in a year or each single transaction..?

eg i took a loan of rs 19000 in cash from a party & then repaid in cash after some days..now i again took a loan from the same party of rs 19000 in cash..whether a transaction is eligible under u/s 269SS..

 

thanks 

vishal



 2 Replies

Giridharan K

Giridharan K (Student)     21 June 2010

Originally posted by : vishal kapoor

hi ,

     my question is that the limit of Rs 20000 in sec 269SS of loan taken in cash is one time in a year or each single transaction..?

eg i took a loan of rs 19000 in cash from a party & then repaid in cash after some days..now i again took a loan from the same party of rs 19000 in cash..whether a transaction is eligible under u/s 269SS..

 

thanks 

vishal

 

Your question is answered by 269SS(a). For your reference it has been reproduced below.

 

With Regards

Giridharan K

 

"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 55[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 ;

          (c)  any corporation established by a Central, State or Provincial Act ;

          (d)  any Government company 56 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, notify 57 in this behalf in the Official Gazette :

 58[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,—

        59[(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.]""

 

CA Vishal kapoor

CA Vishal kapoor (Partner)     21 June 2010

thanks giridharan g,

i think my case cover in clause C.

 


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