Finance Minister Proposes Penalty For Cash Loan/Transactions Against Primary Co-operatives

Finance Minister Nirmala Sitharaman in her Budget 2023-24 speech has proposed penalty for cash loan/transactions against primary co-operatives.The government has proposed to amend section 269SS of the Income Tax Act to provide that where a deposit is accepted by a primary agricultural credit society or a primary co-operative agricultural and rural development bank from its member or a loan is taken from a primary agricultural credit society or a primary co-operative agricultural and rural development bank by its member in cash, no penal consequence would arise, if the amount of such loan or deposit in cash is less than Rs.2 lakh.Section 269T is also proposed to be amended. The amendment states that where a deposit is repaid by a primary agricultural credit society or a primary co-operative agricultural and rural development bank to its member or such loan is repaid to a primary agricultural credit society or a primary co-operative agricultural and rural development bank by its member in cash, no penal consequence shall arise, if the amount of such loan or deposit in cash is less than Rs.2 lakh.Request was received to bring parity to Primary Agricultural Credit Societies (PACS) and Primary Co-Operative Agricultural and Rural Development Bank (“PCARD”) for limits on cash transactions with banking companies with regards to sections 269SS and 269T of the Act as they are involved in granting loans and accepting deposits from the rural segment. Present provisions state that every person including PACS and PCARD are liable for penalty on accepting loan or deposit in cash exceeding Rs.20,000 as per Section 269SS as well as repayment of loan and deposit in cash exceeding Rs.20,000 under section 269T. Since PACS and PCARD are providing credit facilities at the grass-root level, relaxation may be made for them.For reading more on tax cases, please visit LiveLaw's exclusive tax section.

Finance Minister Proposes Penalty For Cash Loan/Transactions Against Primary Co-operatives

Mariya Paliwala

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