Ranjan (PROPRIETOR) (40 Points)
10 April 2012Non tax payer lent cash loan of rs.20000/- no evidence, and opposite party issued cheque for discharge of the loan and cheque get dishonor, even he did not pay after legal notice, case file u/s 138 NIA,
My question is, whether cash loan rs.20000/- attract u/s 269SS Income Tax Act.
Regards
Rajan
Devendra
(Chartered Accountant)
(4775 Points)
Replied 10 April 2012
Yes. Cash Loan of Rs. 20000 and above is not allowed u/s 269SS.
Regards,
Devendra Kulkarni
CA PRAVEEN SINGH
(MANAGER ACCOUNTS)
(2277 Points)
Replied 11 April 2012
APPLICABLE YES...
ACCEPTANCE OF LOAN U/S 269S .
Ranjan
(PROPRIETOR)
(40 Points)
Replied 11 April 2012
Who will be responsible, acceptor or lender? If section 269SS raised by accepter while cross-examination in the court NIA 138 as mentioned above, then what complications may create for both.
regards
Ramanuj
(Accountant.)
(834 Points)
Replied 11 April 2012
Cash paid above 20,000.00 doesnot attract u/s 269ss.
Jain Darshan
(Article )
(67 Points)
Replied 11 April 2012
yes the Cash loan of 20000 or above attracts penalty u/s271D by the acceptor
Vivek Mehta (CA, DISA,CS, MBA)
(I am in Practice and also giving understanding and guidance to the Students of CA Final and IPCC for various subjects esp for Direct Tax.)
(1629 Points)
Replied 11 April 2012
Yes A loan in cash of Rs. 20000.00 shall attract the provision of Sec. 269SS
Manoj
(Article Trainee)
(602 Points)
Replied 11 April 2012
No person shall, after the 30th day of June, 1984, take or accept from any other person (hereafter in this section referred to as the depositor) any loan or deposit otherwise than by an account payee cheque or account payee bank draft if, -
(a) The amount of such loan or deposit or the aggregate amount of such loan and deposit; or
(b) On the date of taking or accepting such loan or deposit, any loan or deposit 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 taken or accepted from, or any loan or deposit taken or accepted by, -
(a) 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 section 617 of the Companies Act, 1956 (1 of 1956);
(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 where the person from whom the loan or deposit is taken or accepted and the person by whom the loan or deposit 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 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 meaning 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.
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