Clarifications in respect of prescribed electronic modes under section 269SU of the Income-tax Act, 1961

Notice Date : 20 May 2020

CircularNo. 12/2020

F.No.370 142135/20 19-TPL

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

Dated: 20th May, 2020

Subject: Clarifications in respect of prescribed electronic modes under section 269SU of thcIncome-tax Act, 1961 - reg.

In furtherance to the declared policy objective of the Government to encourage digital transactionsand move towards a less-cash economy, a new provision namely Section 269SU was inserted in the [ncome-tax Act, 1961 ("the Act"), vide the Finance (No.2) Act 2019. This sectionrequiresevery person carrying on business and having sa les/turnover/gross receipts from business of more than Rs 50 Crores ("s pecified person") in the immed iately preceding previous yeartomandatorily provide facilities for accepting payments through prescribed electronic modes. Subsequently vide notification no. 105/2019 dated 30.12.20 19 (i) Debit Card powered by RuPay; (ii) Unified Payments Interface (UPI) (BH IM-UPI); and (iii) Unifi ed Payments Interface Quick Response Code (UPI QR Code) (BHIM-UPI QR Code) were notified as prescribed electronic modes.

2. Representations have been received statingthat the above requirement of mandatory facility for payments through the prescribed electronic modes isgen erally applicablein B2C (Business to Consumer) businesscs, which directly deal with retail customers. Moreover, since the prescribed electronic modes have a maximum payment limit per transaction or pcr day they are not so relevant to B2B (Business to Business) businesses, which generally receive large payments through other electronic modes of payment such as NEFr or RTGS. Mandating such businesses to provide the facility for accepting payments through prescribed electronic modes wou ld cause administrative inconvenience and impose additional costs.

3. In view of the above, it is hereby clarified that the provisions of section 269SU of the Act shall not be applicable to a specified person having on ly B2B transaction s (i.e. no transaction with retail customer/consumer) if at least 95% of aggregate of all amounts received during the previous year, including amount received for sales, turnover or gross receipts, are l b mo other than cash.

Ankur Goyal

Under Secretary to the Govt. of India

Copy to:

1.PS to FM/ OSD to FMI PS to MoS(F)/ OSD to MoS(F)

2. PPS to Secretary (Revenue)

3. Chairman, CBDT & All Members. CBDT

4. All PI'. DGsIT/ Pr. CslT

5. All 10int Secretari es! CslTI Directors! Deputy Secretaries/ Under Secretaries of CBDT

6. The C&AG of India

7. The JS & Legal Adviser, Ministry of Law & Justice, New Delhi

8. CIT (M&TP), Official Spokesperson ofCBDT

9. 0 /0 Pr. DGfT (Systems) for uploading on officia l website