Section 189
Section 189: interpretation - definitions for Chapter XII
Section 189 closes out Chapter XII (Mode of Payment in Certain Cases, etc.) with the definitions needed to apply Sections 185 to 188 - banking company, primary agricultural credit society, specified sum, and specified advance.
This explanation is AI-assisted and pending review by our CA/CS team. It is general information, not professional advice - always cross-check against the bare law text above or talk to our tax team for guidance specific to your situation.
Definitions
For the purposes of Chapter XII, unless the context otherwise requires:
- "banking company" means a company to which the provisions of the Banking Regulation Act, 1949 apply, and includes any bank or banking institution referred to in Section 51 of that Act;
- "primary agricultural credit society" and "primary co-operative agricultural and rural development bank" have the meanings respectively assigned to them in Section 150;
- "specified sum" means any sum of money receivable, whether as advance or otherwise, in relation to transfer of an immovable property, whether or not the transfer takes place;
- "specified advance" means any sum of money in the nature of an advance, by whatever name called, in relation to transfer of an immovable property, whether or not the transfer takes place.
Frequently asked questions
What is the difference between 'specified sum' and 'specified advance' under Section 189?
Both relate to money receivable or advanced in connection with the transfer of immovable property, whether or not the transfer actually takes place - "specified sum" is defined for the receiving side (Section 185), and "specified advance" for the repayment side (Section 188), but their substance is the same.
Which section defines 'primary agricultural credit society' for Chapter XII?
Section 189 cross-refers to Section 150, which is where that term (and 'primary co-operative agricultural and rural development bank') is actually defined.
Related sections
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