Whether advance taken from customers by real estate company on which no interest has been paid will be treated as advance or deposit as per the Companies Act, 2013?
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Parc Canberra giving up the advance right away is never the best option. Parc recommended the same thing. In fact, they go a bit further and actually get themselves an official contract just for the advance, so there is always legal standing.
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As per the Rule 2(xii) of the Companies (Acceptance of Deposits) Rules, 2014, any
amount received in the course of, or for the purposes of the business of the company
- as advance, accounted for in any manner whatsoever, received in connection with
consideration for property under an agreement or arrangement is exempted from
the definition of the Deposits but if such advance is not adjusted against the
property in accordance with the terms of agreement or arrangement then it will be
treated as deposit.
Further, whether interest is charged or not is immaterial.
Dear Friend,
as far as your query is concerned that Whether advance taken from customers by real estate
company on which no interest has been paid will be
treated as advance or deposit as per the Companies Act,
2013?
Let me informed that As per the Rule 2(xii) of the Companies (Acceptance of Deposits)
Rules, 2014, any amount received in the course of, or for the
purposes of the business of the company - as advance,
accounted for in any manner whatsoever, received in connection
with consideration for property under an agreement or
arrangement is exempted from the definition of the Deposits
but if such advance is not adjusted against the property in
accordance with the terms of agreement or arrangement then
it will be treated as deposit.
Further, whether interest is charged or not is immaterial.
Thus, advance taken from customers by real estate company
shall not be considered as deposits. But if it is not adjusted
against the property in accordance with the terms of agreement
or arrangement, then it will be treated as deposit
Hope answer was helpful to you
Regards,
Arjun Pratap Singh