Update on Sec 269ST – Clarification on the repayment of Loan Instalments in Cash
You can repay your loan amount to any HFC (Housing finance company) or NBFC (Non-banking finance company) in cash provided each loan instalment is less than Rs 2 lakh.
The government in the last budget introduced Section 269ST. Under the section, cash transactions exceeding Rs.2 lakh are prohibited with a view to promote digital economy.
Section 269ST prohibits any person to receive an amount of Rs.2 lakh and above in cash:
(i) In aggregate from a person in a day, or
(ii) In a single transaction, or
(iii) In respect of transactions relating to one event or occasion from a person .
After introducing this section, various representations were sent by NBFCs and HFCs as to whether the limit of Rs.2 lakh shall apply to one instalment of loan repayment or for the whole amount of such repayment.
In this context, the income tax department clarified that if you are repaying the loan to NBFCs or HFCs, the one instalment of loan repayment shall constitute a single transaction. And so if the single loan instalment amount is less than Rs.2 lakh, it can be paid in cash. All the instalments paid for a loan shall not be aggregated for the purposes of determining the applicability of Rs.2 lakh limit.
Exclusions from the scope of section 269ST
This section will not apply to-
Government
any banking company
post office savings bank
co-operative bank
other persons/receipts as may be notified
Transactions referred to in section 269SS (attracted when we accept loan from any person) will be excluded from the scope of the new section 269ST.
Examples:
a. If one sells goods worth Rs 4,50,000 through three different bills of Rs.150,000 each to one person and accepts cash in 1 single day at different times then section 269ST(a) will get violated.
b. If one sells goods worth Rs 500,000 through a single bill to another person and receives cash of 2,50,000 on day 1 and another 2,50,000 on day 2 then section 269ST(b) will get violated.
c. X accepts an order of catering, decoration and tent for the marriage event of Y. He accepts cash of Rs.1,00,000 for catering Rs 1,50,000 for decoration and Rs.1,50,000 for tent work then section 269ST(c) will get violated even if cash is accepted on different dates. All the cash transactions relate to the same occasion- marriage of Y.
In all the three cases, section 269ST gets violated and penalty u/s 271DA is applicable.
Introduction of Penal Provisions
The government has also introduced penalty provisions if Section 269ST is violated. If a person receives the amount in cash over the above specified limit of Rs.2 lakh, he is liable to pay a penalty equal to the amount received in cash. Thus, it is very important to ensure that you do not receive cash of Rs.2 lakh and above in a single transaction, aggregate from a person in a day, or in respect to transactions relating to one event or occasion from a person. For details refer here
(As per the CBDT circular no 22/2017 dated 3rd July,2017)
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