Taking or accepting any loan or deposit in contravention of the provisions of section 269SS, 271D

Section 269SS prohibits taking any loan or accepting any deposit of amount exceeding Rs.20, 000 otherwise than by way of account payee cheque or account payee bank draft.

Section 271D provides for penalty of an amount equal to amount of loan borrowed or deposit accepted in violation of provisions of Section 269SS by the Joint Commissioner.

The Following persons are exempted from the purview of section 269SS:

(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 ;

(e) other notified institutions ;

(f) where the depositor and the acceptor are both having agricultural income and neither of them have any taxable income.

No Penalty to be levied u/s 271D, if the failure to comply with the provisions of section is due to some reasonable cause.

Reference:

Section 271D, 269SS of the Income tax act, 1961-

Penalty for failure to comply with the provisions of section 269SS under section 271D:

(1) If a person takes or accepts any loan or deposit in contravention of the provisions of section 269SS, he shall be liable to pay, by way of penalty, a sum equal to the amount of the loan or deposit so taken or accepted.

(2) Any penalty imposable under sub-section (1) shall be imposed by the Joint Commissioner.

Mode of taking or accepting certain loans and deposits under section 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 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.