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section 269ss

Shrestha Jain (Chartered Accountant) (555 Points)

11 February 2011

hello,

this time in nov 2010 final new course we have a question on 269ss.

my query is regarding that-----> If i have deposited rs.15000 through accounts payee check in a non banking company then after (say) 2 days i deposit another 15000 in cash. should i be penalised on rs 15000 in cash deposited.

note: as per institute if the first deposit was by accounts payee check so the next deposit would alone be considered to apply 269ss....but if first payment was by bearer check it wolud be combine first and second pasyment to check 269ss applicability.

I dont agree ...pls clarify....

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U S Sharma (glidor@gmail.com) (21063 Points)
Replied 11 February 2011

²¹[CHAPTER XX-B

REQUIREMENT AS TO MODE OF ²²[ACCEPTANCE, PAYMENT OR] REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX

²²[Mode of taking or accepting certain loans and deposits.

²³269SS. 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 ²⁴[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 ;

(d) any Government company²⁵ 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, notify²⁶ in this behalf in the Official Gazette :

²⁷[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,—

²⁸[(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.]