Clarity about the 269s and 269t
durgaprasad (accounts executive) (225 Points)
14 April 2017durgaprasad (accounts executive) (225 Points)
14 April 2017
Sumeet
(CA)
(537 Points)
Replied 14 April 2017
Section 269SS & 269T covers Acceptance & Repayment of Loan/Cash Deposits. Since you mentioned it is a genuine business transaction where you have given sale bill for some amount and repaid the balance amount in cash, you are rigtht in saying that 269SS & 269T will not be attracted. You can also repay the balance amount in cash even though it is in excess of 10,000. However it will be default u/s 40A(3) on part of other party making the payment if the payment is of the nature of Revenue or Capital Expenditure.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(171414 Points)
Replied 14 April 2017
Trade deposits are included in the definition of Deposit for the applicability of section 269SS. Generally, trade-deposits are accepted or given to fulfill the heavy demand of certain commodity. So, it is pertinent that such deposits are in the nature of advance. In such cases, on account of failure to meet demand, the person who had received the advance is under a legal obligation to return it. When deposits are taken, certainly it has to be returned after certain period of time. This view was taken by Allahabad High court in the case of Chaubhey Overseas Corporation v. CIT [2008] 303 ITR 9 (ALL).
Refer: https://www.topcafirms.com/index.php/white-paper/6188-taking-or-repayment-of-loan-in-cash-analysis-of-section-269ss-or-269t
Sumeet
(CA)
(537 Points)
Replied 14 April 2017
Link of article on Acceptance & Repayment of Loan (269SS & 269T) provided by you is really helpful Sir. Thank you
durgaprasad
(accounts executive)
(225 Points)
Replied 14 April 2017
thank you sir, such a wonderful information
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