Advance in money for Property Covered by Section 269SS & 269T wef 01.06.2015

Advance in money for Property Covered by Section 269SS & 269T wef 01.06.2015

Mode of using or accepting specific loans, deposits and certain amounts and mode of payment of loans or deposits and specified advances

The sooner conditions found in part 269SS for the Income-tax Act offer that no individual shall simply take from anybody any loan or deposit otherwise than by a free account payee cheque or account payee bank draft or online transfer through a bank account, in the event that quantity of such loan or deposit is twenty thousand rupees or higher. Nevertheless, specific exceptions have already been supplied when you look at the area. Likewise, the prevailing conditions found in part 269T of this Income-tax Act offer that any loan or deposit shall never be paid back, otherwise than by a merchant account payee cheque or account payee bank draft or transfer that is online a bank account, by the individuals specified when you look at the section in the event that level of loan or deposit is twenty thousand rupees or higher.

Any loan or deposit or any sum of money, whether as advance or otherwise, in relation to transfer of an immovable property otherwise than by an account payee cheque or account payee bank draft or by electronic clearing system through a bank account, if the amount of such loan or deposit or such specified sum is twenty thousand rupees or more in order to curb generation of black money by way of dealings in cash in immovable property transactions section 269SS of the Income-tax Act is amended with effect from 01.06.2015 to provide that no person shall accept from any person.

Part 269T of this Income-tax Act already been amended vide Finance Act,2015 with impact from 01.06.2015 to supply that no individual shall repay any loan or deposit made by it, otherwise than by an account payee cheque or account payee bank draft or by electronic clearing system through a bank account, if the amount or aggregate amount of loans or deposits or specified advances is twenty thousand rupees or more with it or any specified advance received. The specified advance shall suggest any sum of cash when you look at the nature of an advance, by whatever title called, with regards to move of an property that is immovable or otherwise not the transfer happens.

Consequential amendments may also be been fashioned with impact from 01.06.2015 in part 271D and section 271E to offer penalty for failure to adhere to the amended provisions of part 269SS and 269T, correspondingly.

EXTRACT OF RELEVANT CLAUSES FROM FINANCE BILL 2015

66. Substitution of brand new area for part 269SS.

For area 269SS for the Income-tax Act, the next part will be replaced with impact through the first day’s June, 2015, specifically:—

Mode of using or accepting particular loans, deposits and specified sum.

‘269SS. Nobody shall just take or accept from other individual (herein referred to as the depositor), any loan or deposit or any specified amount, otherwise than by a free account payee cheque or account payee bank draft or utilization of electronic clearing system through a bank account, //yourloansllc.com/personal-loans-mi/ if,—

(a) the total amount of such loan or deposit or specified amount or even the amount that is aggregate of loan, deposit and specified amount; or

(b) regarding the date of using or accepting such loan or deposit or specified amount, any loan or deposit or specified amount taken or accepted previous by such person through the depositor is staying unpaid (whether payment has dropped due or otherwise not), the total amount or even the aggregate quantity staying unpaid; or

(c) the total amount or perhaps the aggregate amount referred to in clause (a) alongside the quantity or perhaps the aggregate amount known in clause (b), is twenty thousand rupees or higher:

So long as the provisions of the area shall perhaps not affect any loan or deposit or specified amount taken or accepted from, or any loan or deposit or specified amount taken or accepted by,—

(b) any banking business, postoffice cost savings bank or bank that is co-operative

(c) any company founded by a Central, State or Provincial Act;

(d) any federal government business as defined in clause (45) of part 2 regarding the organizations Act, 2013;

(age) such other institution, association or human body or course of organizations, associations or systems that your Central Government may, for reasons why you should be recorded on paper, notify in this behalf into the certified Gazette:

Supplied further that the conditions for this part shall not affect any loan or deposit or specified amount, where in actuality the individual from who the mortgage or deposit or specified amount is taken or accepted in addition to individual by who the mortgage or deposit or specified amount is taken or accepted, are both having agricultural earnings and neither of those has any earnings chargeable to income tax under this Act.

Explanation.– For the purposes with this section,— (i) “banking company” means a business to that the conditions regarding the Banking Regulation Act, 1949 applies and includes any bank or banking organization described in part 51 of this Act;

(ii) “co-operative bank” shall have a similar meaning as assigned to it to some extent V associated with Banking Regulation Act, 1949;

(iii) “loan or deposit” means loan or deposit of cash;

(iv) “specified sum” means any sum of cash receivable, whether as advance or elsewhere, with regards to move of an property that is immovable set up transfer takes destination.’.

67. Amendment of part 269T.

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