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Loan from Directors received in cash

This query is : Resolved 

19 August 2010 Are the directors of private limited company prohibited from advancing loan to the company by way of cash...and consequences if any

19 August 2010 According to Income Tax Act, cash loans beyond Rs.20,000/- are not allowed. You may further refer Sections 69D, 269SS & 269T for the explanation

Sec 69D : Amount borrowed / repaid on hundi except by a/c payee cheque


Sec 269SS : Any person ACCEPTS any loan or deposit otherwise by a/c payee cheque / demand draft of Rs. 20000/- or more.


Penalty u/s 271D for default of sec 269SS : equal to loan/deposit taken/accepted.


Sec 269T : Any Company including Banking Company & its branches, Co-operative Banks & its Branches, Co-operative Society, Firm or other person REPAY any loan or deposit (together wid interest) otherwise by a/c payee cheque / demand draft of Rs. 20000/- or more.


Penalty u/s 271D for default of sec 269T : equal to loan/deposit repaid.



Exceptions : The above restrictions shall not apply if loan/deposit taken/accepted from or repaid to :


Govt.

Banking Company, Post office saving bank or Co-operative Bank,

Govt Companies or Corporation u/s 617 of companies act, 1956,

Other person notified in official gazatte.

19 August 2010 No prohibition to Director. If so accepted, Company will be penalized under section 271D of the Income tax Act,1961. Penalty is equal amount of deposit.




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