Classifying the whole borrowings schedule for the return? Use the DPT-3 working template — and for money going the other way, from the company to a director, run the Section 185 loan to director checker.
The Companies Act, 2013 starts from the widest possible definition. Section 2(31) says a deposit includes any receipt of money by way of deposit or loan or in any other form by a company — and then carves out the categories prescribed in Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014. So the working question is never "is this a deposit?" but "which exclusion clause does it fit, and are that clause’s conditions met?". If none fits, it is a deposit, however it is labelled in the books.
The exclusions most used in practice are these. Money from any other company (clause vi). Loans from banks and financial institutions (clauses iii and iv). Money from a director — and, for a private company, from a relative of a director — provided a written declaration is given at the time of giving the money that it is not out of borrowed funds (clause viii). Share application money, so long as the securities are allotted within 60 days or the money is refunded within the following 15 days (clause vii). Advances for the supply of goods or services, so long as they are appropriated within 365 days (clause xii(a)), along with property advances, performance security deposits, capital-goods project advances and warranty or maintenance advances. Promoters’ unsecured loans brought in because a lending bank stipulated it (clause xiii). Secured or compulsorily convertible debentures (clause ix), start-up convertible notes of ₹25 lakh or more (clause xvii), and money from SEBI-registered funds (clause xviii).
Where the money is a deposit, Section 73 allows a company to take it from its members only, after a resolution in general meeting. An ordinary company is capped at 35% of the aggregate of paid-up share capital, free reserves and securities premium; a private company may go up to 100%, and the ceiling is lifted altogether for a private start-up for ten years from incorporation and for a private company that is not an associate or subsidiary, has modest institutional borrowings and no repayment default. Only an eligible public company under Section 76 can take deposits from the public. Either way the receipt is reported: Form DPT-3, due 30 June each year for the position on 31 March, carries deposits and "transactions not considered as deposit" alike — which is why the classification has to be right before the return is filed for FY 2025-26 or FY 2026-27.
A private limited company with paid-up share capital of ₹1 crore, free reserves of ₹60 lakh and no securities premium receives ₹40 lakh in June 2026 as an unsecured loan from a shareholder who is the brother of a director. No declaration was taken. The company already has ₹1.3 crore of deposits from other members outstanding. It is not a start-up, and it is a subsidiary of another company, so the no-ceiling class is not open to it.
