You should not give more than Rs 20000 in cash
you can pay by cheque loan given to borrower
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.
You may pay using digital mode of payment through NEFT/ RTGS Unlimited. No restrictions for legal payments through Bank to Bank account.
Hello,
- 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.
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.
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.
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.
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.
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.
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.