• What is the amount limit for P Note?

What is the amount limit valid if we pay entire amount as loan using P Note? Bcz RBI says more than 2 lakh cash transaction is not legal and attract penalty

As a Amount Lender should I prove that the source of the funds incase if I have to approach court for Amount recovery.
Asked 3 years ago in Civil Law

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14 Answers

You should not give more than Rs 20000 in cash 

 

you can pay by cheque loan given to borrower 

 

 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

You may pay using digital mode of payment through NEFT/ RTGS Unlimited. No restrictions for legal payments through Bank to Bank account. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You can execute the promissory note but you need to pay applicable stamp duty for the same

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

Hello,

  1. There is  no maximum limit in terms of the amount which can be lent or borrowed. using a promissory note.
  2. You will certainly have to prove that you had the capacity to lend the amount being sought to be recovered. This in effect means that you will be required to reveal the source in the event of a recovery.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

- Yes, you can pay the said amount by way of P Note , and there is no limitation of the amount of payment . 

- Even if you will pay the amount via another sources , then also this RBI rule will be applied. 

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

1. Under the Income Tax laws, ANY CASH transaction over 20,000/- is illegal and has to be done by Cheque.

2. Under the state Money Lending laws, a Money Lender is legal only IF holding a Money Lending License.

3. For Recovery of any amount thru any Court, Money Lender has to prove that:

a) Person is having valid money lending license

b) Claim amount is reflected in "Sundry Debtors" under his own Income Tax Returns /Balance Sheet.

4. Without above, Recovery Suit /Claim shall fail, as per several SC /HC judgments.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You need to prove the source 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

There is no limit to give accommodation loan through Promissory note. 

Only a Licensed money lender can charge interest while lending and all others loan would be gratuitous and without any interest. 

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

You are mentioning the RBI rules in this regard and asking the question about the limit?

If you want to lend amount to the borrower you can have cash transaction only up to Rs. 20,000/- and not Rs. 2 lakhs.

However you can issue cheque or DD or even online transfer and make a mention about the mode of transaction in the promissory nocte, which is also a valid transaction and legally enforceable when you file a money recovery suit in case of default of repayment of loan.

It is always better you create evidence for the source of income at least to the extent of the amount lent as loan.

 

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

There is no restriction on P note amount. Don't make cash transactions transfer by RTGS or NEFT.

Ganesh Kadam
Advocate, Pune
12924 Answers
254 Consultations

4.9 on 5.0

Dear Sir/Madam,

It is suggested that  from your query is not clear that what advice is being sought by you. You are suggested to clarify the same, so that actual advice can be rendered. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi 

1) There is no limit on whatsoever on what should be the amount mentioned in Promissory note. 

2) However, if the loan amount has distributed in the form of cash, then the lender has to

a) prove their source of funds 

b) That the loan was either based on personal relationship or based on money lending license. 

3) Please note that any transaction above Rs200000 should be through banking channels only .

4) It is not illegal in law to undertake transactions in cash for amounts in excess of Rs2Lakh..

5) However, it is avoidable from tax perspective. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. These is no limit of lending on Promissory note. Try to lend money through bank transfer or cheque instead of cash. 

2. You just need to prove the capacity to lend the money and not source of fund in case of recovery suit.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

As per the section of 269T of Income Tax Act, any person shall not repay or deposit any loan or advance in cash exceeding Rs 20,000. If any person violate the rule then the person will be liable to pay the penalty of sum equal to the loan amount

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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