Applicability of section 269T of the Income-tax Act, 1961, to amounts kept by agriculturists, out of sale proceeds with commission agents--Clarification regarding
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Account-payee cheque requirement under section 269T excludes ordinary sale proceeds held by commission agents unless retained by direction. Ordinary sale proceeds of agricultural commodities kept by a commission agent (Kachcha Arhatiya) are not treated as a deposit by the agriculturist and their repayment is not covered by section 269T; however, if the commission agent retains the amount pursuant to a direction from the agriculturist, the retained sum assumes the character of a deposit and repayment will be subject to section 269T's account-payee cheque/bank-draft requirement.
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Provisions expressly mentioned in the judgment/order text.
Account-payee cheque requirement under section 269T excludes ordinary sale proceeds held by commission agents unless retained by direction.
Ordinary sale proceeds of agricultural commodities kept by a commission agent (Kachcha Arhatiya) are not treated as a deposit by the agriculturist and their repayment is not covered by section 269T; however, if the commission agent retains the amount pursuant to a direction from the agriculturist, the retained sum assumes the character of a deposit and repayment will be subject to section 269T's account-payee cheque/bank-draft requirement.
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