UPI Rules Changed from August 1: Who’s Affected and What You Need to Know
Banking / Finance

UPI Rules Changed from August 1: Who’s Affected and What You Need to Know

Introduction

Unified Payments Interface (UPI) has revolutionized the way India makes digital transactions. From buying vegetables to paying rent, UPI has become a staple in every Indian's financial routine. But starting August 1, 2025, new UPI rules implemented by the National Payments Corporation of India (NPCI) are coming into effect, and these changes could affect how you use apps like PhonePe, Google Pay, Paytm, BHIM, and others.

While the aim of these updates is to make UPI payments more secure, reliable, and efficient, you might notice a few new restrictions and features in your daily transactions.

What Are the New UPI Rules from August 1, 2025?

On August 1, 2025, the NPCI rolled out new UPI rules focused on improving user experience, reducing network load, and ensuring fair usage of banking infrastructure.

Here are the key changes:

1. Bank Balance Check Limited to 50 Times a Day

Until now, users could check their bank balance on UPI apps an unlimited number of times. That’s changed.

  • New Rule: You can now check your bank balance only 50 times per day per UPI app.

  • Reason: This limit aims to reduce the stress on the banking servers, especially during peak hours.

2. Bank Balance Will Show Automatically After Each Transaction

To compensate for the above restriction:

  • Your bank balance will now automatically appear after each successful transaction.

  • This reduces the need for separate balance inquiries and helps you track spending in real time.

3. Pending Transaction Status Check Limited

  • You can now check the status of a pending transaction only three times, and that too at 90-second intervals.

  • This prevents repeated status queries that put unnecessary load on servers and confuses users.

4. AutoPay & Scheduled Transactions Now Restricted to Specific Hours

If you’ve set auto-debit for OTT platforms, utility bills, subscriptions, EMIs, etc., here’s what you need to know:

  • New Timing Rule: Scheduled autopayments will now only be processed before 10:00 AM or after 9:30 PM.

  • The idea is to ease the load on bank systems during busy hours (10 AM – 9:30 PM).

5. No Change in UPI Transaction Limits for Existing Users

  • The maximum number of UPI transactions per day remains 20, with a daily monetary cap of ₹1 lakh.

  • However, some banks may have stricter rules based on risk assessment.

6. Transfer Limits for New UPI Users

  • New users will be limited to ₹5,000 per transaction and a total of ₹5,000 in the first 24 hours.

  • This temporary limit is a security measure to prevent fraud and misuse.

Who Will Be Affected?

These rules will impact everyone who uses UPI platforms, but some groups may feel it more:

Category Impact
Regular UPI users May have to monitor balance checks and limit retries
New UPI users Face transaction caps for the first 24 hours
Businesses & Merchants Auto-payments may get delayed if not scheduled properly
Frequent utility bill payers Need to ensure billing aligns with allowed auto-debit time windows
App Developers & Fintechs Must integrate changes to comply with NPCI guidelines

 

Why Did NPCI Make These Changes?

The NPCI’s objective behind the updated UPI rules includes:

  1. Server Load Reduction: Limiting balance checks and pending status retries helps ease pressure on bank servers.

  2. Enhanced Transaction Efficiency: Pre-defined auto-pay times reduce UPI downtime during peak hours.

  3. User Awareness: Showing balance after each transaction promotes responsible usage.

  4. Security for New Users: Limiting initial transactions helps prevent fraudulent activity.

In short, it's about improving the robustness, security, and performance of UPI as a system.

UPI Apps Covered Under the New Rules

All UPI apps in India have to comply with these changes. This includes:

  • Google Pay (GPay)

  • PhonePe

  • Paytm

  • BHIM

  • Amazon Pay

  • WhatsApp UPI

  • Any banking app with UPI integration

So no matter which app you use, these rules will be enforced at the backend via NPCI’s protocols.

Will These Changes Affect the Security of UPI?

Yes — in a positive way.

  • Restricting retry attempts and capping balance checks minimizes chances of server overloads and phishing attacks.

  • Limiting new user transactions reduces the possibility of fraudulent large transfers.

Will UPI Still Be Free?

Yes. UPI continues to be zero-cost for peer-to-peer transactions and most merchant payments. These rule changes do not introduce any new charges.

However, keep in mind:

  • UPI Lite, a feature for offline payments under ₹500, may still have usage limitations depending on your bank.

UPI AutoPay: What’s Changed?

UPI AutoPay is commonly used to:

  • Pay OTT subscriptions (Netflix, Hotstar)

  • Settle utility bills (electricity, gas)

  • Auto-debit EMI or SIP investments

The new rule says:

  • These will now only be processed before 10 AM or after 9:30 PM.

  • You may experience a delay in billing during peak hours, so it’s best to schedule bills early or late.

Impact on Fintech and Businesses

For digital service providers and UPI-integrated merchants:

  1. Billing Systems Need Updates: Auto-debit cycles must comply with new time slots.

  2. Customer Communication: Merchants must alert users if auto-pay fails during peak hours.

  3. UPI Infrastructure Monitoring: Apps need robust systems to handle transaction retries within allowed limits.

What You Should Do as a UPI User

Here’s a quick checklist to make sure you're unaffected:

  1. Limit balance checks – Avoid hitting the 50-check limit.

  2. Schedule bill payments smartly – Choose non-peak hours.

  3. Avoid spamming pending status – Wait 90 seconds between retries.

  4. If new to UPI – Don’t panic at low limits; they’ll be lifted after 24 hours.

  5. Enable alerts – Make sure SMS/email alerts are active for all transactions.

Real-Life Example: How This May Affect You

Example 1:

You use Google Pay 4 times to pay different vendors and check your bank balance after each transaction. By the end of the day, you do this 30 times total. You’re still okay.

But if you habitually check your balance after every app opening, you may cross the 50-check limit. The app may block further checks until the next day.

Example 2:

You’ve scheduled an EMI auto-payment at 11 AM daily. From August 1, that EMI will now be queued or delayedunless it is rescheduled before 10 AM or after 9:30 PM.

Summary Table: New UPI Rules at a Glance

Feature Old Rule New Rule (From August 1, 2025)
Bank Balance Checks Unlimited Max 50 per day
Balance Display Manual Auto after every transaction
Status Check for Pending Txns Unlimited 3 times with 90-sec gap
AutoPay Timing Anytime Only before 10 AM or after 9:30 PM
Max UPI Txns per Day 20 No change
UPI Daily Limit ₹1 lakh No change
New User UPI Limit Depends on bank ₹5,000 for 24 hours

 

Top FAQs on UPI Rule Changes

1. Will I be charged for UPI balance checks?

No. But you are now limited to 50 checks per day per app.

2. What if I exceed the balance check limit?

You won’t be able to check balance on that app for the rest of the day. Transactions will still work if the bank is not under downtime.

3. Can I still make UPI payments after 9:30 PM?

Yes. Payments are allowed 24x7. The 9:30 PM timing only applies to auto-debits, not manual transactions.

4. What happens if my auto-payment fails?

You’ll likely get an alert. Reschedule it for early morning or late evening to avoid failure due to timing restrictions.

5. Will these changes apply on weekends or holidays?

Yes. The NPCI rules apply every day — including weekends and public holidays.

Final Thoughts

The August 1 UPI rule changes may seem like a hassle at first, but they’re designed to make India’s real-time digital payment system more reliable, secure, and user-friendly.

If you’re a frequent UPI user, just tweak your habits slightly:

  • Avoid unnecessary balance checks

  • Be patient with pending transactions

  • Schedule bill payments during NPCI’s non-peak hours

These updates are not meant to punish users, but to streamline the payment ecosystem for everyone — banks, apps, merchants, and customers alike.

By understanding and adapting to these new rules, you can continue enjoying the speed, ease, and safety of India’s most loved payment method — UPI.

Paying ₹55,000 Rent On Time? You May Still Face ₹1 Lakh TDS Penalty—Here’s Why
Landlord / Tenant

Paying ₹55,000 Rent On Time? You May Still Face ₹1 Lakh TDS Penalty—Here’s Why

Introduction: The Hidden Penalty Behind Timely Rent Payments

Paying your rent on time might make you feel like a responsible tenant—but what if that very act lands you with a ₹1 lakh penalty notice from the Income Tax Department? That’s exactly what happened to Abhishek, a salaried professional who was paying ₹55,000 as monthly rent without any defaults. His mistake? He didn’t deduct TDS or submit the required forms.

This blog unpacks the lesser-known TDS rules under Section 194-IB of the Income Tax Act, and explains why missing this obligation—even unintentionally—can be costly.

Who Must Deduct TDS on House Rent?

As per Section 194-IB of the Income Tax Act, 1961, any individual or Hindu Undivided Family (HUF), not subject to a tax audit, must deduct 2% TDS if the monthly rent exceeds ₹50,000.

Key points:

  • Applicable to salaried employees and non-auditable individuals.

  • TDS is to be deducted even if the landlord is a relative.

  • Applies only to rent paid to resident landlords. For non-residents, Section 195 applies (more on that later).

Real-Life Case: Why Abhishek Got Penalized

Let’s take a closer look at Abhishek’s case:

  • Monthly Rent: ₹55,000

  • Total Annual Rent: ₹6.6 lakh

  • TDS Not Deducted: ₹13,200 (2%)

  • Forms Not Filed: Form 26QC (challan) and Form 16C (certificate to landlord)

As a result, the Income Tax Department invoked Section 271H and levied a discretionary penalty of ₹1,00,000. He also incurred interest and late filing fees.

What Are the Tenant's Responsibilities Under Section 194-IB?

Here’s what a tenant paying over ₹50,000 rent/month must do:

  1. Deduct 2% TDS before paying rent (if rent is paid after Oct 1, 2024).

  2. Fill and submit Form 26QC (TDS challan-cum-statement) online.

  3. Download and issue Form 16C to the landlord.

No need for a TAN (Tax Deduction and Collection Account Number)—just a PAN suffices.

When Should TDS Be Deducted?

TDS on rent must be deducted at the earlier of the following events:

  • When rent is credited to the landlord’s account,

  • When rent is paid via cash, cheque, bank transfer, etc.,

  • Or at the end of the financial year,

  • Or when the tenant vacates the property.

Example 1:
If rent agreement runs from June 2024 to May 2025 and the tenant vacates in March 2025, TDS is to be deducted before making the last rent payment in March.

Example 2:
If tenant leaves in December 2024, then TDS must be deducted on the total rent paid until December before vacating.

Old vs. New TDS Rates on Rent

Time Period TDS Rate
Before October 1, 2024 5%
On or after October 1, 2024 2%

 

The revised lower TDS rate of 2% makes compliance less financially burdensome—but skipping it still invites harsh penalties.

Form 26QC and Form 16C: What Are They?

  • Form 26QC: A challan-cum-statement filed online for TDS on rent under Section 194-IB.

  • Form 16C: A TDS certificate issued by the tenant to the landlord after filing Form 26QC.

Both are mandatory—even if TDS is paid correctly.

Consequences of Non-Compliance

Missing TDS obligations has multi-layered consequences. Here’s a breakdown:

1. Interest Under Section 201(1A)

  • 1% per month: If TDS not deducted.

  • 1.5% per month: If deducted but not deposited.

2. Late Filing Fee Under Section 234E

  • ₹200 per day from the due date of filing Form 26QC till the actual filing.

  • Subject to a cap: not exceeding the TDS amount.

3. Penalty Under Section 271H

  • Discretionary: ₹10,000 to ₹1,00,000 for failure to file Form 26QC.

4. Prosecution Under Section 276B (Rare)

  • Applicable only in cases of willful default.

  • Punishable with 3 months to 7 years imprisonment and a fine.

  • Generally invoked if TDS default is over ₹25 lakh and delay is more than 60 days.

Sample Computation: What You May Owe

Let’s say you paid ₹55,000 rent/month from April 2022 to March 2024 and missed TDS completely.

Component FY 2022–23 FY 2023–24 Total
TDS Liability @5% ₹36,000 ₹36,000 ₹72,000
Interest @1% (24 & 12 months) ₹8,640 ₹4,320 ₹12,960
Late Fee @ ₹200/day (730 & 365 days) ₹1,46,000 ₹73,000 ₹2,19,000
Penalty u/s 271H (if levied) Up to ₹1,00,000 Up to ₹1,00,000 Up to ₹2,00,000

 

Total Liability: ₹3 lakh+ (even though your rent was paid on time)

If TDS Was Deducted But Not Deposited: Interest @1.5%

Suppose TDS was deducted but deposited 13–25 months late.

FY Rent Paid TDS @5% Delay (Months) Interest @1.5% Late Fee Penalty
2022–23 ₹7.2L ₹36,000 25 ₹13,500 ₹36,000 ₹10k–₹1L
2023–24 ₹7.2L ₹36,000 13 ₹7,020 ₹36,000 ₹10k–₹1L

 

Even if you were compliant halfway, late deposits attract serious penalties.

What If You Share Rent With Someone Else?

Let’s say the total rent is ₹60,000/month and shared by two tenants:

TDS Not Applicable If:

  • Each tenant pays ₹30,000 directly from their bank account.

  • Clear rental split is documented.

  • Either via two agreements or one agreement mentioning individual shares.

TDS Applicable If:

  • One tenant pays ₹60,000 in full and is later reimbursed.

  • Rental agreement is only in one name.

  • The tax department treats the entire rent as paid by one person.

In such cases, TDS must be deducted on the entire ₹60,000.

How to File Form 26QC (Step-by-Step)

  1. Visit: https://www.tin-nsdl.com

  2. Go to Services → e-TDS → e-Payment of Taxes → TDS on Rent of Property (Form 26QC).

  3. Fill in:

    • PAN of tenant and landlord

    • Rent amount

    • Period of tenancy

    • Property details

  4. Submit and make payment online.

  5. Save the acknowledgment.

  6. Wait 3–7 days, then download Form 16C from TRACES portal.

Avoiding Penalties: Expert Tips

1. Deduct TDS before paying the last month's rent.

2. File Form 26QC within 30 days of TDS deduction.

3. Issue Form 16C promptly to the landlord.

4. Use separate bank transfers if sharing rent.

5. Track notices from IT department (email/SMS/portal).

Conclusion: Stay Compliant, Stay Stress-Free

Abhishek’s case is a cautionary tale. Despite being punctual with rent payments, he faced a ₹1 lakh penalty due to ignorance of TDS rules. As rental thresholds continue to rise in urban India, more and more tenants cross the ₹50,000 mark—often unknowingly falling into this tax trap.

Understanding your obligations under Section 194-IB, filing Form 26QC on time, and issuing Form 16C can save you from financial distress and legal trouble. If you’re unsure, consult a tax expert or use platforms like LegalKart to avoid surprises from the Income Tax Department.

Law Students Challenge ₹50,000 CLAT Counselling Fee: Delhi & Kerala HCs Step In
Civil

Law Students Challenge ₹50,000 CLAT Counselling Fee: Delhi & Kerala HCs Step In

Introduction: The CLAT Counselling Fee Controversy

Every year, thousands of aspirants from across India prepare for the Common Law Admission Test (CLAT), the gateway to the prestigious National Law Universities (NLUs). But in 2024–25, a storm has erupted over the high cost of the counselling process—especially the ₹50,000 fee charged to secure admission after clearing CLAT. This steep fee, seen by many as unjust and exclusionary, has led to nationwide student protests, online petitions, and even court challenges.

Now, the Delhi High Court and Kerala High Court have stepped in, accepting petitions filed by CLAT 2025 aspirants challenging the legality and fairness of this fee structure. What started as a student-led movement has now grown into a national conversation about access to legal education, economic justice, and the constitutional right to equality.

What Is CLAT and Why the Fee Matters?

The Common Law Admission Test (CLAT) is a centralized entrance test for admissions to undergraduate (UG) and postgraduate (PG) law programs in 22 National Law Universities (NLUs) across India.

Here’s how the fee structure works:

  • Application Fee: ₹4,000 for general category candidates, ₹3,500 for SC/ST candidates.

  • Counselling Fee: ₹30,000 (General); ₹20,000 (Reserved Category).

  • Confirmation Fee: ₹20,000 (General); ₹20,000 (Reserved Category).

This means a student from the general category ends up paying a total of ₹54,000 (application + counselling + confirmation). For many students—especially from marginalised and economically weaker backgrounds—this is a huge burden even before admission is confirmed.

Student-Led Resistance: Who Raised the Voice?

The resistance against the counselling fee started at the grassroots level—by the students, for the students. A petition was circulated online, demanding that the Consortium of NLUs revise the fee structure and make it inclusive.

Prominent student bodies that backed this movement include:

  • Savitribai Intersectional Study Circle at NALSAR

  • NALSAR Student Bar Council

  • NLSIU’s Savitri Phule Ambedkar Caravan (SPAC)

  • DNLU Jabalpur Student Council

  • DSNLU Student Bar Association

  • NLIU Bhopal SPAC

Their collective voice forms a powerful message: Legal education should not be a privilege reserved for the wealthy.

What Are the Students Demanding?

The student petition highlights several concerns:

1. Financial Exclusion

Students from low-income families often don't have access to loans before admission is confirmed. The current system requires a large upfront payment, which is impractical for many.

2. Structural Barriers

Instead of simplifying the process, the two-tiered counselling and confirmation fee structure (₹30,000 + ₹20,000) introduced in 2023 has made it more complicated and expensive.

3. Lack of Refund Policy

If a student decides to withdraw from the counselling process, no refund is given. This is seen as exploitative, especially when some students are forced to opt out due to financial constraints.

4. Merger and Reduction of Fees

Students propose a single, reduced one-time payment, with a full refund policy for those who opt out before final allocation.

Legal Action Begins: Cases in Delhi and Kerala High Courts

The student movement took a legal turn when three CLAT 2025 aspirants, with support from the Legal Collective for Students’ Rights (LCSR), filed a petition in the Kerala High Court. A similar plea was also filed in the Delhi High Court by another candidate.

Kerala High Court Case

  • Date of Hearing: July 31, 2025

  • Petitioners: Three law aspirants supported by LCSR

  • Core Argument: The ₹50,000 fee is unconstitutional, creates economic discrimination, and violates Article 14 (Right to Equality) and Article 21 (Right to Education with Dignity).

Delhi High Court Case

  • Date of Hearing: September 9, 2025

  • Petitioner: Individual aspirant

  • Core Argument: The counselling process should have a clear refund mechanism and be aligned with the NEP’s goal of inclusive education.

Both High Courts have agreed to examine the matter, raising hopes among thousands of aspirants.

What Does the National Education Policy (NEP) Say?

The National Education Policy (NEP) 2020 stresses the importance of equity and inclusion in education, particularly for:

  • Economically weaker sections

  • SC/ST/OBC communities

  • First-generation learners

According to NEP:

“No student should be denied access to higher education due to financial constraints.”

Student groups argue that the current CLAT fee structure violates this principle, acting as a financial filter rather than an academic one.

Analysing the Consortium of NLUs’ Perspective

The Consortium of NLUs, responsible for conducting CLAT, has so far justified the ₹50,000 fee as follows:

  • Administrative costs: Running the centralised counselling portal, maintaining databases, and handling allotments.

  • Ensuring seriousness: A higher fee allegedly prevents casual applications or seat blocking.

  • Transparency: The fee system is pre-disclosed in official notifications.

However, critics argue that:

  • The same goals can be achieved with lower fees.

  • Technology costs have reduced, making administration cheaper.

  • Fee amounts should not be used as a deterrent against misuse.

Ground Reality: What Happens to Students Who Can’t Pay?

Let’s consider the case of Anjali (name changed), a CLAT aspirant from Bihar whose father is a daily wage worker. She scored well in CLAT 2025 but could not pay the ₹50,000 counselling fee in time. Despite qualifying, she lost the opportunity to get into a National Law University.

This is not an isolated case. Several similar stories are emerging from rural India, Dalit households, and first-gen learners.

The problem isn't lack of merit—it’s lack of means.

Public Outcry: Social Media, Petitions, and Solidarity

The online petition against the CLAT fee gathered thousands of signatures within days. On social media, hashtags like:

  • #CLATFeeWaiver

  • #MakeLawInclusive

  • #RefundCLATFee
    have trended across platforms like X (formerly Twitter), Instagram, and LinkedIn.

Lawyers, professors, alumni of NLUs, and even practicing judges have expressed concern over the exclusionary nature of the fee system.

Broader Implications: Is It Just About CLAT?

No. This issue raises broader questions:

  • Should professional education come at such high upfront costs?

  • Are public-funded universities accessible only to the middle and upper class?

  • Is the current system violating constitutional rights?

The CLAT fee debate could set a precedent for other entrance tests, including medical and engineering admissions, especially in publicly funded institutions.

What Can Be Done? Suggested Solutions

Merge Counselling and Confirmation Fees

A single consolidated fee of ₹20,000–₹25,000 would be more reasonable.

Introduce Installment Plans

Allow students to pay the amount in 2–3 parts, reducing the burden on families.

Make Fees Refundable

If a student opts out before the final round of seat allocation, they should get a refund (after deducting minimal administrative charges).

Set Up a Financial Assistance Cell

Just like IITs and IIMs have financial aid offices, NLUs should set up a pre-admission assistance mechanism.

Full Transparency

Counselling rules, refund policies, and seat allocation details should be made public and easy to understand.

What Legal Experts Are Saying

Renowned legal experts and educationists have weighed in on the matter:

  • Justice (Retd.) A.P. Shah: “Such high fees in a public entrance process create structural inequality and are legally questionable.”

  • Prof. Faizan Mustafa (Former VC, NALSAR): “If the CLAT Consortium is non-profit and public in nature, it must align its actions with social justice goals.”

  • Advocate Karuna Nundy: “Charging ₹50,000 from aspirants—many of whom are yet to get into college—without a refund policy is unjust enrichment.”

The Road Ahead: What Happens Next?

With hearings scheduled in two High Courts, the following outcomes are possible:

  1. Judicial Intervention: Courts may direct the Consortium to reduce or refund the counselling fee, or ask for a review of the process.

  2. Policy Reform: The Ministry of Education or UGC may step in, issuing guidelines for reasonable counselling fees in centralised entrance tests.

  3. Voluntary Reform by NLUs: Under public pressure, the Consortium may announce changes on its own to avoid negative publicity and court rulings.

  4. National Debate: This case could trigger larger legal and policy reforms across entrance tests in India.

Final Thoughts: A Fight for Access, Not Concession

This isn't just a fee protest. It’s a larger demand for justice in education.

The legal profession in India needs diversity—not just in terms of gender or caste—but also in economic representation. If financial hurdles prevent bright, hardworking students from entering law schools, we weaken the very foundation of justice.

The courts stepping in gives hope. But the real change will come only when institutions recognise that access is a right, not a luxury.

Conclusion

The challenge against the ₹50,000 CLAT counselling fee is more than a legal battle—it’s a movement to make legal education inclusive, affordable, and fair. With the judiciary now stepping in, the spotlight is on the Consortium of NLUsto align its fee structure with the values of equity and access enshrined in the Constitution and the NEP.

Whether you're a law aspirant, educator, or policymaker, this case is a reminder: the true test of justice starts not in courts—but at the doors of opportunity.

Cheque Bounce on Cash Loan Above ₹20,000? Kerala HC Says Case Not Valid Without Clear Reason
Cheque Bounce

Cheque Bounce on Cash Loan Above ₹20,000? Kerala HC Says Case Not Valid Without Clear Reason

Introduction: A Landmark Ruling on Cash Loans and Cheque Bounce

In a groundbreaking judgment, the Kerala High Court has ruled that a cheque issued towards repayment of a cash loan exceeding ₹20,000—in violation of Section 269SS of the Income-Tax Act—does not qualify as a "legally enforceable debt" under Section 138 of the Negotiable Instruments (NI) Act unless a valid explanation is provided.

This decision is not only legally significant but also a major step toward curbing black money and promoting transparency in financial transactions.

Also Read: Cheque Bounce Cases in India: Know Your Legal Rights, Defenses, and Latest Updates

What is Section 138 of the NI Act?

Before diving into the judgment, let’s understand what Section 138 of the Negotiable Instruments Act, 1881 says.

Section 138 deals with dishonour of cheques for insufficiency of funds. If someone issues a cheque that is later dishonoured by the bank due to lack of funds or because it exceeds the amount arranged to be paid, the drawer of the cheque can face criminal liability.

To constitute an offence under Section 138, the following must occur:

  • The cheque must be issued for the discharge of a legally enforceable debt or liability.

  • It must be returned unpaid by the bank.

  • The payee must give a written notice within 30 days.

  • The drawer fails to make the payment within 15 days from receipt of the notice.

So, a legally enforceable debt is the cornerstone of a Section 138 case.

Also Read: How to Recover Money You Lent to Someone

What is Section 269SS of the Income-Tax Act?

Section 269SS of the Income-Tax Act, 1961 prohibits a person from accepting a loan or deposit of ₹20,000 or more in cash. Such transactions must be made only through:

  • Account payee cheque,

  • Account payee bank draft, or

  • Use of electronic clearing systems (NEFT/RTGS/IMPS).

If this provision is violated, Section 271D of the same Act provides for a penalty equal to the amount of the loan or deposit taken.

The intent behind this provision is to eliminate cash-based large transactions, thereby reducing tax evasion and money laundering.

Background of the Kerala High Court Case

The case was titled P.C. Hari vs. Shine Varghese. The facts are as follows:

  • The complainant, Shine Varghese, alleged that the accused, P.C. Hari, had borrowed ₹9,00,000 in cash and issued a cheque to repay it.

  • The cheque was dishonoured due to "insufficient funds."

  • The complainant sent a legal notice, and upon non-payment, filed a criminal case under Section 138 of the NI Act.

  • Both the Magistrate Court and Sessions Court found the accused guilty.

  • Aggrieved, the accused moved the Kerala High Court in a criminal revision petition.

Also Read: Safe Friendly Loans in India: Everything You Need to Know About the Law

Arguments by the Petitioner (Accused)

The petitioner’s counsel, Advocate D. Kishore, raised some compelling points:

  1. Violation of Section 269SS: The alleged cash loan of ₹9,00,000 was a clear violation of Section 269SS of the Income-Tax Act.

  2. Illegality of Transaction: Since the transaction was illegal under tax law, it cannot be considered a legally enforceable debt under the NI Act.

  3. Burden of Proof: The accused had challenged the complainant's financial capacity and intent from the beginning.

  4. No Income Tax Paid: The complainant admitted to not reporting this large cash transaction for income tax purposes, undermining the legality and credibility of the debt.

Also Read: Property Documents for Home Loan in India: An In-Depth Analysis

Arguments by the Respondent (Complainant)

Advocate Manu Ramachandran, appearing for the complainant, defended the case by arguing:

  1. Presumption under Section 139 NI Act: The law presumes that a cheque was issued for a legally enforceable debt unless the contrary is proved.

  2. Penalty Does Not Nullify Debt: A violation of Section 269SS only attracts a penalty, but it does not render the transaction void or illegal.

  3. Borrower Cannot Take Advantage: The borrower (accused) cannot take benefit of an illegality (cash loan) that he himself participated in.

  4. Reliance on Bombay HC Judgment: He cited the judgment of Krishna P Morajkar v. Joe Ferrao, which held that violations of tax laws do not affect the enforceability of the debt under NI Act.

Legal Issues Before the Court

Justice P.V. Kunhikrishnan of the Kerala High Court framed a crucial legal question:

“Can a criminal court enforce a debt arising out of a cash transaction that violates Section 269SS of the Income-Tax Act?”

In simpler terms: If a person gives a loan above ₹20,000 in cash (which is prohibited), and the borrower gives a cheque which then bounces, can the lender prosecute the borrower under Section 138 of the NI Act?

Court’s Observations: Upholding Public Policy and Digital India

Justice Kunhikrishnan delivered an insightful judgment, observing the following:

1. Digital India and Cash Transactions

The judge emphasized that the Union Government is promoting digital transactions and reducing cash-based dealings.

“A court of law cannot turn its face and legalise cash transactions when the Government of India aims for complete digital transactions.”

2. Rebutting Section 139 NI Act Presumption

While Section 139 creates a presumption in favour of the holder of a cheque, this is rebuttable. If the accused can raise a probable defence, the presumption can fall.

Here, the accused:

  • Challenged the financial capacity of the complainant.

  • Pointed to the admitted violation of Section 269SS.

  • Highlighted that the complainant did not pay income tax or provide any valid explanation for giving ₹9 lakh in cash.

Thus, the accused rebutted the presumption under Section 139 by a preponderance of probabilities.

3. Illegality Cannot Be Legalised

The court respectfully disagreed with the Bombay High Court’s view in the Prakash Madhukarrao Desai case, stating:

“Legalising such transactions would convert black money into white money through criminal courts.”

The court compared this to the ‘Shylock’ approach—a reference to the greedy moneylender from Shakespeare’s The Merchant of Venice—suggesting that collecting penalties does not justify the original illegal transaction.

4. Need for a Valid Explanation

If a person gives a cash loan above ₹20,000 in violation of the Income-Tax Act, the court said it could only be treated as legally enforceable if the lender gives a reasonable and valid explanation.

For instance:

  • Emergency medical needs

  • Lack of banking facilities in remote areas

  • Documentary proof of urgency

In this case, no such justification was provided.

Also Read: SARFAESI Act, 2002 Explained: Working, Provisions, Objectives, and Applicability

Final Judgment: Conviction Set Aside

Based on its analysis, the Kerala High Court:

  1. Allowed the criminal revision petition filed by P.C. Hari.

  2. Set aside the conviction and one-year sentence imposed by the lower courts.

  3. Ordered that any amount deposited by the petitioner during the proceedings should be refunded.

However, the judgment clarified that the ruling would apply prospectively and not to cases where this specific legal issue was not raised earlier.

What This Means for Cheque Bounce Cases on Cash Loans

This ruling has far-reaching implications:

Cash Loans Over ₹20,000 Not Automatically Legally Enforceable

Unless a valid reason is shown, a cheque issued for such a loan cannot result in successful prosecution under Section 138.

Burden of Proof on Accused

The accused must raise the defence that the transaction violated Section 269SS. If not raised, courts can presume legality.

Boost for Digital Transactions

The judgment aligns with the government’s push for digital economy and discourages large unaccounted cash deals.

Income Tax Compliance

Lenders who advance large cash loans may face tax penalties and also fail to recover their money legally through criminal prosecution.

Important Supreme Court Precedents Referenced

1. Rangappa v. Sri Mohan (2010)

Held that the presumption under Section 139 includes the existence of a legally enforceable debt, but this is rebuttable.

2. Krishna Janardhan Bhat v. Dattatraya G. Hegde (2008)

Held that mere issuance of a cheque does not by itself prove a legally enforceable debt.

However, Rangappa’s decision (by a larger bench) overruled Krishna Janardhan Bhat in parts, stating that Section 139 creates a strong presumption that must be disproved by the accused. 

Conclusion: A Wake-Up Call for Cash Lenders

The Kerala High Court’s judgment is a stern reminder that legal recourse requires legal conduct. Giving large loans in cash may feel convenient, but it violates tax law, and worse, you may lose the right to recover it through criminal proceedings.

With this ruling, courts are making it clear: Illegal transactions cannot form the basis of legal enforcement.

If you're engaging in financial transactions, make sure they are:

  1. Digitally documented,

  2. Within legal limits,

  3. And tax compliant.

Need Legal Advice on Cheque Bounce or Loan Disputes?

At LegalKart, you can consult experienced lawyers online and get clarity on your legal situation. Whether it's cheque dishonour, income tax violations, or loan recovery—our legal experts are just a call away.

Noida Airport Alert: 10 km Ban on Illegal Constructions—What Plot Buyers Must Know
Property

Noida Airport Alert: 10 km Ban on Illegal Constructions—What Plot Buyers Must Know

Introduction: Why This Ban Matters

The upcoming Noida International Airport (Jewar Airport) is one of India’s most ambitious infrastructure projects. Designed to become a major hub for air traffic and economic growth in North India, it has attracted significant attention from investors, developers, and plot buyers.

However, in a recent development, Noida International Airport Limited (NIAL) and the Gautam Budh Nagar district administration have imposed a strict 10 km ban on unauthorised constructions around the airport area. While this move is aimed at preventing illegal activities and ensuring safe flight operations, it has triggered concerns among potential plot buyers.

So, what does this mean for you if you're planning to buy a plot near Noida Airport? Let's break it down in simple terms.

Also Read: Online Property Paper Verification in Noida: A Step-by-Step Guide

What Does the 10 km Construction Ban Really Mean?

The 10-km ban is not a complete halt on all construction activity. Rather, it is a targeted ban on unauthorised or illegal constructions that:

  1. Do not have proper building map approvals

  2. Are built without the mandatory No Objection Certificate (NOC) from the Airports Authority of India (AAI)

  3. Violate height restrictions or aviation safety norms

What's Allowed:

  1. Construction on YEIDA-approved plots in notified sectors

  2. Projects that have valid NOC from AAI

  3. Structures that conform to height and safety norms

What's Not Allowed:

  1. Any structure built on abadi land (village land) without approval

  2. Constructions without building map clearance

  3. Any development violating AAI height regulations

Also Read: Understanding Property Laws in New Delhi: How Property Dispute Lawyers Can Help?

Why the Ban Was Imposed: Flight Safety Comes First

At the core of this decision is safety.

During a key meeting of the Airport Environment Management Committee (AEMC) held on July 9, 2025, officials from YEIDA, district administration, and Yamuna International Airport Private Limited (YIAPL) raised concerns:

“Birds, stray animals, and unregulated illegal buildings in the 10-km radius could pose serious threats to aircraft operations.” – Kiran Jain, COO, Noida International Airport

Proposed Safety Measures:

  1. Identify and act against illegal constructions

  2. Conduct joint surveys with local authorities

  3. Form an Obstacle Control Committee

  4. Enforce strict adherence to NOC guidelines

Also Read: Legal Checklist for Buying Property in Delhi NCR in 2025 – Your Complete Guide

What Does the Law Say? Understanding Authorised vs. Unauthorised

According to YEIDA officials, the key difference lies in approval and legality:

Authorised Constructions:

  1. Located within notified sectors

  2. Allotted or developed under YEIDA-approved master plans

  3. Have AAI NOC and approved building maps

Unauthorised Constructions:

  1. Found in non-notified villages

  2. Built on abadi land without NOC or map approval

  3. Often multiple floors built without safety inspections

Why Is This Dangerous?

Such constructions may:

  1. Endanger aircraft landing and takeoff

  2. Collapse due to lack of structural integrity

  3. Lead to demolition orders and loss of investment

Also Read: Inheritance Rights in India - Legal Advice - Legalkart

Impact on Plot Buyers: Should You Be Worried?

If you're planning to invest near Noida International Airport, this update is crucial. But don’t panic—the ban is not meant to hurt genuine buyers or investors.

What to Avoid:

  1. Purchasing plots on abadi or agricultural land

  2. Projects that lack RERA registration

  3. Developers who do not provide AAI NOC

What to Prefer:

  1. Plots in YEIDA’s notified sectors like Sector 22D, 18, and 20

  2. Projects by RERA-registered developers

  3. Properties with full legal documentation

"Only buy land with approved layout and proper NOCs. Stay away from shortcuts." — Sunil Tyagi, Managing Partner, ZEUS Law Associates

Also Read: Legal Necessity vs. Consent: When Can a Karta Sell HUF Property?

Due Diligence Checklist Before Buying a Plot

Before signing any property deal near Jewar Airport, make sure to check:

 

Requirement What to Look For
✅ Plot Location Must be within notified sector of YEIDA
✅ RERA Registration Verify on https://rera.up.gov.in
✅ AAI NOC Apply/check status on https://nocas2.aai.aero/nocas/
✅ Building Map Approval Ensure map approved by YEIDA
✅ Developer License Only buy from licensed developers
✅ Colour-Coded Zoning Map (CCZM) Check zone classification for plot height restrictions

 

What Is the Colour-Coded Zoning Map (CCZM)?

CCZM is a map issued by the Airport Authority of India (AAI) that outlines permissible height limits for buildings around airports.

  1. It uses funnel colour zones (Red, Yellow, Green) to indicate proximity to aircraft paths.

  2. The closer to the runway, the stricter the height limit.

Buyers must check which zone their land falls into and whether construction is allowed in that zone.

Can This Ban Affect Property Prices?

In the Short Term:

  1. Properties in non-notified or illegal areas may depreciate.

  2. Sellers may face difficulty getting buyers without proper documents.

In the Long Term:

  1. This move can stabilize prices by promoting planned development.

  2. Projects with full compliance will gain buyer trust and attract premium pricing.

Key Areas in the 10 km Radius You Should Know

According to Colliers India, the restricted radius includes:

  1. Dankaur

  2. Mirzapur

  3. Rabupura

  4. Falida Bangar

  5. Sarol

  6. Jhangirpur

  7. Eastern Peripheral Expressway belt

These areas are highly sensitive. Verify all clearances before making any decision.

Sector 22D: A Model for Smart Investment

One of the most popular sectors in the airport vicinity is Sector 22D. Here's why:

  1. Plots are YEIDA-approved

  2. Prices have risen from ₹30,000/sq yard in 2014 to ₹1.25 lakh/sq yard in 2025

  3. Fully integrated with airport masterplan

  4. Safe for residential or commercial investment

Pro Tip: Always buy plots in such notified sectors with a track record of compliance.

Experts Speak: Not a Blanket Ban

Industry experts emphasize that this is not a construction lockdown.

“The aim is not to halt growth but to ensure planned and safe development. Projects with valid NOCs will remain unaffected.” — Deepak Kapoor, Director, Gulshan Group

“It's a safeguard, not a disruption. Buyers must be vigilant and avoid shortcuts.” — Swapnil Anil, MD, Advisory Services, Colliers India

Real Estate Market Outlook: Noida-Greater Noida Rising

According to Knight Frank India, Noida and Greater Noida:

  1. Account for 30% of NCR’s residential sales in H1 2025

  2. Witnessed a sharp increase in new launches

  3. Saw 23% of sales from Greater Noida, especially along Noida-Greater Noida Expressway

  4. Gaining momentum due to the airport and metro expansion

This shows that despite restrictions, growth potential remains high, especially for well-planned developments.

Legal Takeaways for Buyers

  1. No NOC = No Construction
    Building without AAI clearance near an airport is illegal.

  2. Abadi Land = Risky Investment
    Stay away from land governed by gram panchayats without YEIDA approval.

  3. Check for RERA & Master Plan Compliance
    Confirm that the project is part of YEIDA’s notified master plan.

  4. Don’t Just Rely on Word of Mouth
    Ask for documentation and consult with a real estate lawyer or legal consultant.

  5. Tall Buildings Need Special Approval
    Even in authorised zones, there is a height limit. Ensure your design gets clearance.

Tips for Smart Plot Investment Near Noida Airport

  1. Avoid shortcuts: No approvals = future trouble

  2. Demand documents: Get everything in writing

  3. Use online tools: Check NOC status, RERA registration

  4. Consult experts: Hire a legal advisor before signing

  5. Pay via legal channels: Ensure full transparency in transactions

Conclusion: Don’t Just Invest—Invest Smart

The 10 km construction ban around Noida International Airport isn’t a threat to development—it’s a wake-up call for buyers to do proper due diligence. As the region transforms into a global hub, the opportunities for growth are massive—but only if you choose legally approved plots.

Remember, safe investment = secure future.

When in doubt, consult professionals or platforms like LegalKart, which offer end-to-end legal support for real estate due diligence, title checks, and document verification. Don’t let a lack of awareness turn your investment dream into a legal nightmare.

Benami Transactions Act Explained: Key Provisions, Meaning & Legal Impact
Property

Benami Transactions Act Explained: Key Provisions, Meaning & Legal Impact

Introduction: Why the Benami Law Matters

In recent years, India has seen strong action against black money, unaccounted wealth, and illegal property holdings. One of the government’s strongest legal weapons in this fight has been the Benami Transactions (Prohibition) Act, commonly known as the Benami Act.

But what exactly is a "benami transaction"? Why is this law so important? And how does it impact ordinary citizens, real estate investors, and business owners?

This comprehensive guide simplifies the legal concepts and explains the Benami law’s key provisions, its meaning, and its real-world implications.

Also Read: Online Property Paper Verification in Delhi: A Step-by-Step Guide

Legislative Background of the Benami Act

The legal framework to address benami transactions was first laid down in the Benami Transactions (Prohibition) Act, 1988. However, the 1988 Act was considered toothless and vague, with only 8 sections and no real enforcement mechanism.

To strengthen the law, the government passed a major amendment:

  • In 2016, the Act was renamed as “The Prohibition of Benami Property Transactions Act, 1988”, via the Benami Transactions (Prohibition) Amendment Act, 2016.

  • This amendment introduced 72 sections, robust enforcement powers, and harsher penalties.

The amendment came into force on 1st November 2016, just days before the demonetization drive, showing the government's intent to curb unaccounted property holdings.

Also Read: Legal Checklist for Buying Property in Delhi NCR in 2025 – Your Complete Guide

What is a Benami Property?

The word "Benami" is derived from Hindi, meaning "without name" or "in someone else's name".

A benami property is any property (movable, immovable, tangible, intangible) that is:

  1. Purchased in the name of one person

  2. But the consideration (money) is paid by another person

  3. And the property is held for the benefit of the person who paid for it

This includes:

  1. Land

  2. House/Flat

  3. Gold and jewelry

  4. Shares, bonds

  5. Bank deposits

  6. Vehicles

  7. Even cash

In essence, benami properties hide the true owner and are often used to conceal black money, evade taxes, or escape creditors.

Also Read: Registration Bill 2025: Ushering India’s Century‑Old Property Laws into the Digital Age

What is a Benami Transaction?

Definition

According to Section 2(9) of the Act, a benami transaction is:

“A transaction or arrangement where a property is transferred to or held by a person, but the consideration has been provided by another person, and the property is held for the benefit of the person who provided the consideration.”

Parties Involved

  1. Benamidar – The person in whose name the property is held (only a name lender)

  2. Beneficial Owner – The real owner who paid for the property

  3. Initiating Officer – The income tax authority who investigates suspected benami properties

Example

Suppose Mr. X buys a property and registers it in the name of his driver, Mr. Y. But the money is paid by Mr. X, and Mr. Y holds it for Mr. X’s benefit. This is a classic benami transaction.

Also Read: Assessing the Risks of Purchasing Leasehold Property in India

Transactions Deemed Benami

The following also qualify as benami transactions:

  1. Property purchased in a fictitious name

  2. Property where the owner denies knowledge of the transaction

  3. Property where the person paying for it is untraceable

  4. Depositing someone else’s cash in your bank account during demonetization and returning it later

  5. Using fake identities or proxies to buy shares, bonds, or other financial instruments

Also Read: NRI Property Partition in India: Process, Laws, and Legal Challenges

Exceptions: What is NOT a Benami Transaction?

The Act provides clear exemptions to protect genuine transactions:

  1. HUF Property: Property held by a Hindu Undivided Family (HUF) for the benefit of its members, where the consideration is from known sources.

  2. Fiduciary Capacity:

    1. A trustee holding property for a trust

    2. A director holding property for a company

    3. A depository holding shares for a client

  3. Spouse or Child:

    • An individual purchasing property in the name of their spouse or child and paying from known sources.

  4. Joint Property:

    • Property held jointly with siblings or lineal ascendants/descendants, again from known sources.

These exemptions protect family arrangements, joint family properties, and business fiduciary roles.

Also Read: NRI Property Transfer in India: Key Considerations & Legal Guidelines

Purpose Behind Benami Transactions

Benami transactions are typically carried out to:

  1. Hide black money

  2. Evade tax

  3. Avoid repayment of loans

  4. Park money in real estate anonymously

  5. Avoid legal restrictions on landholding limits

For example, someone may use a poor relative’s name to buy agricultural land that exceeds their own state’s holding limit. This allows them to bypass legal land ceilings.

Also Read: Why the Schedule of Property in a Sale Deed Matters: A Complete Guide

Real-Life Instances of Benami Deals

Real Estate Fronts

Developers or investors may use peons or domestic helpers as name-holders to buy properties.

Demonetization Trickery

During demonetization in 2016, many people deposited black money into others' accounts to convert it into legal tender.

Insider Trading in Share Markets

People with sensitive insider information use proxies (benamidars) to trade on their behalf, violating SEBI laws.

Legal Impact: Penalties & Punishments Under the Act

The Benami law is now a criminal law. Violators face strict punishment:

1. Confiscation of Benami Property

Any benami property identified can be confiscated by the Central Government, with no compensation.

2. Imprisonment & Fine

  • Imprisonment: 1 to 7 years

  • Fine: Up to 25% of the fair market value of the property

3. Providing False Information

If a person provides false information during inquiry:

  • Imprisonment: 6 months to 5 years

  • Fine: Up to 10% of the property’s fair market value

These punishments apply to benamidars, beneficial owners, and even those who abet such transactions.

Also Read: Understanding the Legal Process: Property Transfer from Mother to Son After Death in India

Authorities & Legal Procedure Under the Benami Law

Initiating Officer

An Income Tax officer not below the rank of Assistant Commissioner, who initiates the inquiry.

Adjudicating Authority

A three-member body appointed under the Act to hear the case and pass orders.

Appellate Tribunal

If aggrieved by the Adjudicating Authority’s order, an appeal lies with the Appellate Tribunal, within 45 days.

Special Courts

Designated sessions courts handle criminal prosecution under this law.

Also Read: Facing Delays in Property Possession? Know Your Legal Options

Process of Benami Property Confiscation

  1. Initiation: Property is provisionally attached for 90 days by the Initiating Officer.

  2. Adjudication: Within 90 days, Adjudicating Authority confirms the attachment.

  3. Confiscation: Upon confirmation, property is permanently confiscated by the government.

  4. Appeal: Parties may appeal to the Appellate Tribunal and then the High Court.

Key Features of the Amended Act (2016)

 

Feature Details
Enforcement Date 1st November 2016
Total Sections Increased from 8 to 72
Applicability Movable & Immovable properties
Powers Search, seizure, attachment, confiscation
Jurisdiction Pan India
Retrospective effect? Limited. It mainly applies prospectively but can cover old transactions if ongoing.

 

Landmark Cases

M/s Virgo Buildestate Pvt. Ltd. v. Initiating Officer (2020)

The Delhi High Court held that for a transaction to be benami, the intention to benefit the real owner must be established.

Union of India v. Ganpati Dealcom Pvt. Ltd. (2022)

The Calcutta High Court observed that genuine business transactions between companies may be wrongly tagged as benami and cautioned against arbitrary action.

These rulings stress the need for evidence and due process before confiscation.

Impact on Real Estate and Business

  • Transparency: It deters illegal property holdings.

  • Compliance burden: Real estate developers must ensure clear ownership trails.

  • Due Diligence: Buyers need to verify past ownership and funding sources.

  • Funding Restrictions: Cash transactions are heavily discouraged.

Key Differences: Benami Property vs. Black Money

 

Criteria Benami Property Black Money
Nature Hidden ownership Hidden income
Covered under Benami Act Income Tax Act / PMLA
Property involved? Yes Not always
Punishment Up to 7 years + confiscation Varies

 

Both aim to unearth unaccounted wealth, but through different legal tools.

How to Protect Yourself from Unintentional Benami Dealings

  1. Avoid buying property in another’s name unless covered by legal exceptions.

  2. Keep proof of fund transfers and documentation.

  3. Declare ownership truthfully in tax filings.

  4. Avoid proxy holders in financial or real estate transactions.

  5. Take legal advice before gifting or holding property for someone else.

Government’s Use of the Law

The government has invoked this Act for:

  1. Confiscating properties in shell companies

  2. Catching tax evaders post-demonetization

  3. Seizing properties acquired through hawala or illegal trades

Hundreds of crores worth of land, flats, cash, and jewelry have been seized under this Act since 2016.

Conclusion: A Bold Step Towards Transparency

The Benami Transactions (Prohibition) Act, especially after its 2016 amendment, is a powerful legal tool that strengthens India’s fight against corruption, tax evasion, and black money. It acts as a deterrent against hiding property in fake names and rewards honesty and transparency in ownership.

Whether you’re a property buyer, investor, or just a curious citizen — understanding this law helps you make informed, lawful decisions and avoid accidental violations.

If you need help with property verification, title checks, or legal advice, consult LegalKart expert property lawyers and stay safe.