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Krishnaiah Krishnsiah   27 November 2021

Section 269ss income tax act

Dear tax experts
If a person borrowed an amount of rs.2,00,000ona promissory note by way of cash ,if that person not paid ,can't we recover through a court of law as the loan given by way of cash?
Is it mandatory section 269 SS of the income tax act from 01.04.2017
Kindly advice on this.
Thanq.


 4 Replies

Advocate Bhartesh goyal (advocate)     27 November 2021

Sec 269 SS of Income Tax Act does not restrict or bar to recover the money given cash more than Rs 20,000/ to borrower.It is recoverable by filing recovery suit however Income tax Dept may impose penalty on violation of such rule.

Anaita Vas   27 November 2021

As per Section 269SS, any deposit or loan or any specific amount should not be accepted or taken from any person other than by an account payee bank draft, account payee check or through electronic clearing system via bank account if:

(a) the amount of such loan or deposit or specified sum or the aggregate amount of such loan, deposit and specified sum; or

(b) on the date of taking or accepting such loan or deposit or specified sum, any loan or deposit or specified sum 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 twenty thousand rupees or more.

Provided that the provisions of this section shall not apply to any loan or deposit or specified sum taken or accepted from, or any loan or deposit or specified sum taken or accepted by,—

 (a) the 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 as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013);

 (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 in this behalf in the Official Gazette:

Provided further that the provisions of this section shall not apply to any loan or deposit or specified sum, where the person from whom the loan or deposit or specified sum is taken or accepted and the person by whom the loan or deposit or specified sum 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,—

  (i) "banking company" means a company to which the provisions of 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 same meaning as 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.

The money can be recovered by filing a recovery suit. 

 

Regards,

Anaita Vas

P. Venu (Advocate)     27 November 2021

Yes, the provisions of the said Section does not prevent you from pursuing a civil remedy.

Dr J C Vashista (Lawyer)     28 November 2021

Well analysed, opined and advised by experts, I agree, you may file a suit for recovery.


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