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Benami Act Section 23 Used to Probe UPI Payment Gateways

1 May 20251 min read
BANKING & FINANCEBenami Act Section23 Used to Probe UPIPayment Gateways1 May 2025safalsetu.com

Why in the news

Tax officials used the Benami law to question payment gateway firms about suspicious UPI merchants who may be fronts for hidden beneficiaries.

Key facts

  • Information sought: persons behind suspicious UPI IDs, payees, dates, bank details and the actual money trail.
  • Suspected pattern: a merchant gets a UPI payment and returns cash, helping the payer book fake expenses.
  • Test: does the recipient report that income? If not, a benami arrangement is suspected.
LawInformation gathering
Benami Act, Section 23Possible without an ongoing probe
Income-tax ActUsually tied to a pending assessment

About payment gateways

A payment gateway is the technology merchants use to accept card payments in shops and online, and it now also handles QR and NFC phone payments. Gateways are RBI-regulated and must do KYC before onboarding merchants; they may need to explain if real operators differ from KYC names.

Exam angle

  • Act invoked: Benami Transactions (Prohibition) Act, 1988.
  • Gateway regulator: RBI.
  • Fintechs may tighten transaction monitoring and onboarding.

Test yourself

1. Under which Act did the Income Tax Department send notices to payment gateways over suspicious UPI transactions?

Notices were issued under Section 23 of the Benami Transactions (Prohibition) Act, 1988.

2. Which authority regulates payment gateways that must perform KYC on merchants, as noted in the Benami Act UPI probe?

The notes state payment gateways are regulated by the RBI.

3. What distinguishes Section 23 of the Benami Act from the Income-tax Act in the UPI probe?

Section 23 permits information gathering even without an active probe, with Additional or Joint Commissioner approval.