Circular No. 25/2022 : ​Clarification for the purposes of clause (c) of Section 269ST of the Income-tax Act, 1961 in respect of dealership/distributorship contract in case of Co-operative Societies !New

Circular No. 2512022

F. No. 2251129/202211,1\- II.

Government of India
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
•••••

New Delhi, Dated 30th December, 2022

Subject: Clarification for the purposes of clause (c) of Section 269ST of the Income-tax Act,
1961 in respect of dealership/distributorship contract in case of Co-operative Societies – reg.

Section 269ST inter-alia prohibits receipt of an amount of two lakh rupees or more
(hereinafter referred to as ‘the prescribed limit ‘) by a person, in the circumstances specified therein,
through modes other than by way of an account payee cheque or an account payee bank draft or usc
of electronic clearing system through a bank account or through such other electronic mode as may
be prescribed.
2. References have been received in respect of Milk Producers’ Cooperative as to whether
under the provisions of Section 269ST of the Act, receipt(s) in cash in a day of bank holiday/closure
of bank day within ‘the prescribed limit’ from a distributor against sale of milk when payments
were through bank on all other days is to be consic!-.:red as a single transaction or whether all such
receipts in cash in a previous year would be aggregated in respect of transactions with a distributor
to treat it as onc event or occasion.
3. With respect to the reference at Para 2 above, it is clarified that in respect of Co -operative
Societies, a dealership/ distributorship contract by itself may not constitute an event or occasion
for the purposes of clause (c) of Section 269ST. Receipt related to such a dealership/distributorship
contract by the Co-operative Society on any day in a previous year, which is within ‘the prescribed
limit’ and complies with clause (a) as well as clause (b) of Section 269ST, may not be aggregated
across multiple days for purposes of clause (c) of Section 269ST for that previous year.

-(Ravinder Maini)
Director to the Government India

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