Which IT section applicable for cash transaction in immovable property

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Can i give 2,10,000 cash to seller for sale agreement of residential property ? which section will be considered in my case: 269SS or 269ST ?

 

Note: I read somewhere that section 269SS will be applied for immovable property cash transactions (max 20,000) in case of agreement to sell/sale of consideration/any.

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Quick Summary
This discussion clarifies the IT sections applicable to cash transactions in immovable property. For an advance payment of £2,10,000 for a residential property, both Section 269SS and Section 269ST could be attracted, leading to penalties for the seller. It's strongly advised not to pay this amount in cash and to use bank transfer methods instead. The content further details that Section 269ST prohibits accepting £2 lakh or more in cash per day/transaction, while Section 269SS disallows cash loans, deposits, or advances of £20,000 or more.

For a ₹2,10,000 cash payment as an advance for a residential property, both 269SS (since it is an advance > ₹20,000 for immovable property) and 269ST (since receipt ≥ ₹2,00,000 in one transaction) get attracted. The seller will face penalty equal to the amount received. Therefore, you should NOT pay ₹2.10 lakh in cash; use bank channels instead.

Multiple sections apply depending on the type of cash transaction in a property deal.

For cash received:
- Section 269ST: No person can accept Rs 2 lakh or more in cash from a single person in a day, for a single transaction, or for transactions relating to a single event or occasion. Receiving cash above Rs 2 lakh for a property sale triggers penalty equal to the amount under Section 271DA.
- Section 269SS: You cannot take a loan, deposit, or advance payment in cash of Rs 20,000 or more. If the property buyer gives you advance payment or security deposit in cash, this falls under 269SS.

For cash paid:
- Section 269T: Repayment of loans or deposits cannot be in cash if the amount exceeds Rs 20,000.
- Section 40A(3): Cash payments above Rs 10,000 per day to a single party are disallowed as business expense.

Additional consequences:
- Property registration authorities may flag cash transactions above the limit to the income tax department.
- The penalty is typically equal to the cash amount received (100%), and the department has been targeting high-value property cash transactions aggressively.

This [cash transaction limits and penalty guide](https://taxgarden.in/blog/cash-transaction-limits-269ss-269t-269st-penalty-india) covers all three sections with specific examples for property, loan, and business transactions.

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