71[R1] CHAPTER XX-B

REQUIREMENT AS TO MODE OF 72[R2] [ACCEPTANCE, PAYMENT OR]
REPAYMENT IN CERTAIN CASES TO COUNTERACT
EVASION OF TAX

 

72[R3] [Mode of taking or accepting certain loans and deposits.

73[R4] 269SS. 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 74[R5] [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 company75[R6]  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, notify76 [R7] in this behalf in the Official Gazette :

 

77[R8] [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,—

             

78[R9] [(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.]

 

79[R10] [Mode of repayment of certain loans or deposits79a[R11] .

269T.   No branch of a banking company or a co-operative bank and no other company or co-operative society and no firm or other person shall repay any loan or deposit made with it otherwise than by an account payee cheque or account payee bank draft drawn in the name of the person who has made the loan or deposit if—

             

(a)        the amount of the loan or deposit together with the interest, if any, payable thereon, or

           

(b)        the aggregate amount of the loans or deposits held by such person with the branch of the banking company or co-operative bank or, as the case may be, the other company or co-operative society or the firm, or other person either in his own name or jointly with any other person on the date of such repayment together with the interest, if any, payable on such loans or deposits, is twenty thousand rupees or more:

 

Provided that where the repayment is by a branch of a banking company or co-operative bank, such repayment may also be made by crediting the amount of such loan or deposit to the savings bank account or the current account (if any) with such branch of the person to whom such loan or deposit has to be repaid :

 

79b[R12] [Provided further that nothing contained in this section shall apply to repayment of any loan or deposit taken or accepted from—

             

(i)         Government;

 

(ii)        any banking company, post office savings bank or co-operative bank;

 

(iii)       any corporation established by a Central, State or Provincial Act;

 

(iv)       any Government company80[R13]   as defined in section 617 of the Companies Act, 1956 (1 of 1956);

 

(v)        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.]

 

Explanation.—For the purposes of this section,—

             

(i)         “banking company” shall have the meaning assigned to it in clause (i) of the Explanation to section 269SS;

           

(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 any loan or deposit of money which is repayable after notice or repayable after a period and, in the case of a person other than a company, includes loan or deposit of any nature.]

 

81[R14] [Mode of repayment of Special Bearer Bonds, 1991.

269TT.   Notwithstanding anything contained in any other law for the time being in force, the amount payable on redemption of Special Bearer Bonds, 1991, shall be paid only by an account payee cheque or account payee bank draft drawn in the name of the person to whom such payment is to be made.]

 

 

 [R1]Chapter XX-B inserted by the Income-tax (Second Amendment) Act, 1981, w.e.f. 11-7-1981.

 [R2]Inserted by the Finance Act, 1984, w.e.f. 1-4-1984.

 [R3]Inserted by the Finance Act, 1984, w.e.f. 1-4-1984.

 [R4]See also Circular No. 522, dated 18-8-1988.

 [R5]Substituted for “ten” by the Direct Tax Laws (Amend­ment) Act, 1987, w.e.f. 1-4-1989.

 [R6]For definition of “Government company”

 [R7]For notification specifying institution, see  Income-tax Act.

 [R8]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.

 [R9]Clause (i) substituted for the following by the Finance Act, 1985, w.e.f. 1-4-1986 :

                ‘(i)           “banking company” shall have the meaning assigned to it in clause (a) of the Explanation to sub-section (8) of section 40A;’

 [R10]Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its substitution, section 269T, as inserted by the Income-tax (Second Amendment) Act, 1981, w.e.f. 11-7-1981 and later on amended by the Finance Act, 1984, w.e.f. 1-4-1984, Finance Act, 1985, w.e.f. 1-4-1986 and Direct Tax Laws (Amend­ment) Act, 1987, w.e.f. 1-4-1989, read as under :

        ‘269T. Mode of repayment of certain deposits.—(1) No company (including a banking company), co-operative society or firm shall repay to any person any deposit otherwise than by an account payee cheque or account payee bank draft where the amount of the deposit, or where the amount of the deposit is to be repaid together with any interest, the aggregate of the amount of the deposit and such interest, is ten thousand rupees or more :

        Provided that where the repayment is by a  banking company or co-operative bank, such repayment may also be made by crediting the amount of such deposit to the account (if any) with such company or bank of the person to whom such deposit has to be repaid :

        Provided further that nothing in this sub-section shall apply to or in relation to the repayment of any deposit on or after the date on which the Income-tax (Second Amendment) Act, 1981, re­ceives the assent of the President.

        (2) No branch of a banking company or a co-operative bank and no other company or co-operative society and no firm or other person shall repay any deposit made with it otherwise than by an account payee cheque or account payee bank draft drawn in the name of the person who has made the deposit if—

   (a)   the amount of the deposit together with interest, if any, payable thereon, or

   (b)   the aggregate amount of the deposits held by such person with the branch of the banking company or co-operative bank or, as the case may be, the other company or co-operative society or the firm, either in his own name or jointly with any other person on the date of such repayment together with the interest, if any, payable on such deposits,

        is twenty thou­sand rupees or more :

        Provided that where the repayment is by a branch of a banking company or co-operative bank, such repayment may also be made by crediting the amount of such deposit to the savings bank account or the current account (if any) with such branch of the person to whom such deposit has to be repaid :

        Provided further that nothing in this sub-section shall apply to or in relation to the repayment of any deposit before the date on which the Income-tax (Second Amendment) Act, 1981, receives the assent of the President.

        Explanation.—For the purposes of this section,—

    (i)   “banking company” shall have the meaning assigned to it in clause (i) of the Explanation to section 269SS ;

  (ia)   “co-operative bank” shall have the meaning as­signed to it in Part V of the Banking Regulation Act, 1949 (10 of 1949) ;

                (ii)           “deposit” means any deposit of money which is repayable after notice or repayable after a period and, in the case of a person other than a company, includes deposit of any nature.’

 [R11]For the meaning of the term “deposit”, see  Direct Taxes Manual, Vol. 3. See  also Circular No. 479, dated 16-1-1987, Circular No. 522, dated 18-8-1988 and Circular No. 556, dated 23-2-1990.

 [R12]Inserted by the Finance Act, 2003, w.r.e.f. 1-6-2002.

 [R13]For definition of “Government Company”

 [R14]Inserted by the Income-tax (Second Amendment) Act, 1981, w.e.f. 19-9-1981.