Income Tax Act, 2025  ·  Chapter XI — Minimum Alternate Tax  ·  Section 185

Section 185
Mode of taking or accepting certain loans, deposits

IT Act 2025 Chapter XI Effective 1 April 2026 Old: 269SS
New Provision
Section 185, IT Act 2025
Replaces (IT Act 1961)
269SS
Chapter
Chapter XI — Minimum Alternate Tax
Effective From
1 April 2026
Statutory Text — Section 185

(1) No person shall take or accept from another person any loan or deposit or specified sum, except through— (a) an account payee cheque; or (b) account payee bank draft; or (c) electronic clearing system through a bank account; or (d) any other prescribed electronic mode, if,–– (i) the amount or the aggregate amount of such loan, deposit, or specified sum; or (ii) the amount or the aggregate amount of any previously taken or accepted loan or deposit or specified sum by such person from such another person, which is remaining unpaid, whether due for repayment or not, as on the date of taking or accepting such amount as referred to in clause (i); or (iii) the aggregate of the amounts referred to in clauses (i) and (ii), is ₹ 20000 or more. (2) Sub-section (1) shall not apply to loans or deposits or specified sums taken or accepted from or by,–– (a) the Government; (b) any banking company, post office savings bank, or co-operative bank; (c) any corporation established by a Central, State or Provincial Act; (d) any Government company as defined under section 2(45) of the Companies Act, 2013; (e) any institution, association, or body or class of institutions, associations or bodies notified by the Central Government. (3) The provisions of sub-section (1) shall not apply to any loan or deposit or specified sum where, the person taking or accepting such loan or deposit or specified sum and person from whom such loan or deposit or specified sum is taken or accepted, both, have agricultural income and neither has any income chargeable to tax under this Act.

(4) In sub-section (1), “₹ 200000” shall be substituted for “₹ 20000” in the case of any deposit or loan, where— (a) such deposit is accepted by a primary agricultural credit society or a primary co-operative agricultural and rural development bank from its member; or (b) such loan is taken from a primary agricultural credit society or primary co-operative agricultural and development bank by its member. (5) For the purposes of this section, the expression “loan or deposit” means loan or deposit of money.

Shahi & Co. — Our Understanding
This section is part of Chapter XI of the Income Tax Act, 2025, effective from 1 April 2026. It carries forward the corresponding provision from the Income Tax Act, 1961 with simplified language and restructured drafting.
Practical Note: For specific guidance on how this provision applies to your situation, consult a qualified Chartered Accountant. The Income Tax Act, 2025 retains the substance of the old law while making it more accessible.
Shahi & Co., Chartered Accountants
Need guidance on Section 185?
Our Direct Tax team advises individuals, businesses, and start-ups on all provisions of the Income Tax Act, 2025. We help you navigate the transition from the old Act with zero disruption to your compliance calendar.
Consult Our Tax Team →
← Previous
Section 184: Interpretation
Next →
Section 186: Mode of undertaking transactions
← Full IT Act 2025 Index ESOP Taxation Guide TDS under IT Act 2025 NRI Residency Rules
Disclaimer: This is a reproduction of Section 185 of the Income Tax Act, 2025 (No. 30 of 2025) as published in the Official Gazette of India (CG-DL-E-22082025-265620) for informational and reference purposes only. Shahi & Co., Chartered Accountants makes no warranty as to completeness or accuracy. For the official authenticated text refer to egazette.gov.in or incometaxindia.gov.in. This does not constitute legal or tax advice.