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Section 106 - Loans Borrowed or Repaid Other Than Through Banking Channel
Income Tax Bill 2025 · Section 106

Loans Borrowed or Repaid
Other Than Through Banking Channel

Received Tax Notice?
CA Sagar Batra Author Box
SB
CA Sagar Batra
Chartered Accountant Tax Compliance Specialist Founder, Easy Return
Over 10 years of experience in income tax litigation, notices, and compliance advisory. Trusted by thousands of individuals, MSMEs, and startups across India.
Section 106 Introduction

What is Section 106 – Loans Borrowed or Repaid Other Than Through Banking Channel?

Taking a loan from a friend, repaying a business debt in cash, or using a hundi to finance trade — these are everyday practices. But under the proposed Income Tax Bill 2025, loans borrowed or repaid other than through prescribed banking channels can lead to serious consequences: scrutiny notices, penalties, and in some cases, the entire amount being treated as your income.

Section 106 is the provision that specifically deals with this issue. It builds on the foundation laid by Section 69D of the earlier law (which targeted hundi-based transactions) and extends the framework to cover a much wider range of non-banking instruments and payment modes. If you have ever borrowed money via a promissory note, repaid a loan in cash, or financed a business through informal channels — this section is directly relevant to you.

The Easy Return team, under the guidance of CA Sagar Batra, has prepared this detailed guide to help individuals, families, business owners, and MSMEs understand the full scope of Section 106, how it interacts with related sections, and what steps you must take to stay compliant.

Why Section 106 Matters Right Now
The proposed Income Tax Bill 2025 is expected to replace the Income Tax Act 1961. Section 106 on loans borrowed or repaid other than through banking channels is broader than older provisions. It covers not just cash but also certain instruments like promissory notes and hundis. The final law may impose significant penalties — making early compliance the smartest financial decision.

Policy Intent: Why Was Section 106 Introduced?

Improving banking channel compliance for loan transactions
Reducing unaccounted transactions in the informal credit market
Discouraging hundi-based and promissory note-based lending chains
Making it easier for tax authorities to verify the source and movement of funds
Encouraging NEFT, RTGS, IMPS, UPI as standard modes for borrowing and repayment
Section 106 - Key Provisions

Key Provisions: What Transactions Does Section 106 Cover?

Type of Transaction Likely Covered? Risk Level Reason
Loan via promissory note (outside banking) YES High Negotiable instrument, no direct banking trail
Hundi-based trade financing YES Very High Historically targeted under Section 69D; now under Sec 106
Cash loan repayment above threshold YES High No banking trail; may also attract Section 269T
Bearer cheque loan Likely Medium-High Weak traceability; payee not fixed
Family loan via NEFT/RTGS with agreement LOW RISK Safe Traceable banking channel + documentation
Business loan via account payee cheque LOW RISK Safe Prescribed mode; audit trail available
UPI-based loan repayment with records LOW RISK Safe Digital payment compliance; timestamp + identity

What is a Negotiable Instrument Under This Section?

A negotiable instrument includes documents such as:

Promissory notes — a written promise to pay a certain sum
Bills of exchange — an order directing a third party to pay a sum
Bearer cheques — payable to whoever holds them, not a named payee

When such instruments are used for borrowing or repayment outside proper banking channels, the transaction lacks the traceability that the tax law demands.

What is a Hundi and Why Is It Targeted?

A hundi is a traditional Indian financial instrument used for credit, payment, and money transfer — mostly outside the formal banking system. While it has centuries of history in Indian trade, the absence of banking records makes it impossible for tax authorities to verify source and genuineness. That is why it has been a focus area since Section 69D and continues under the proposed Section 106.

Key Risk: Both Borrower and Lender Face Consequences
Section 106 — like Section 269SS and Section 269T — can affect both parties in a transaction. If you borrowed ₹5,00,000 via a promissory note and repaid in cash, both you and the lender may face questions, penalties, or adverse tax treatment.
Prescribed vs Non-Prescribed Payment Modes

Prescribed vs Non-Prescribed Payment Modes: What Is Safe?

One of the most practical questions taxpayers ask is: which payment methods are safe for taking or repaying a loan? Here is a clear comparison of prescribed banking channels vs non-prescribed modes under the proposed Section 106 framework.

Payment Mode Traceability Safe Under Sec 106? Safe Under 269SS/269T? Recommended?
NEFT (National Electronic Funds Transfer) Full bank-to-bank trail YES YES ✓ Highly Recommended
RTGS (Real Time Gross Settlement) Full bank-to-bank trail YES YES ✓ Highly Recommended
IMPS (Immediate Payment Service) Full digital trail YES YES ✓ Highly Recommended
UPI (Unified Payments Interface) Digital trail with timestamp & identity YES YES ✓ Highly Recommended
Account Payee Cheque Named payee; bank-credited YES YES ✓ Recommended
Bank Draft (traceable) Bank-issued; traceable YES YES ✓ Acceptable
Bearer Cheque Weak — no named payee RISKY RISKY ✗ Avoid
Promissory Note (outside bank) None / minimal HIGH RISK HIGH RISK ✗ Avoid
Hundi None VERY HIGH RISK VERY HIGH RISK ✗ Never
Cash Repayment None (above threshold) HIGH RISK HIGH RISK ✗ Avoid above threshold
Income Calculation & Tax Calculation Examples

Income Calculation & Tax Calculation: Real-World Examples

Numbers make things clearer. Here are three realistic examples — with income calculation and tax calculation — showing how Section 106 and related provisions can affect your actual tax liability. These are illustrative examples. Actual treatment depends on facts, documentation, and final law.
EXAMPLE 1 — Loan via Promissory Note: Deemed Income Scenario
Situation: Mr. Sharma (salaried individual) borrows ₹5,00,000 from a business associate through a physical promissory note. The amount is received in cash. No loan agreement is signed. Not disclosed in ITR.
Normal Salary Income (per ITR) ₹8,00,000
Amount borrowed via promissory note (potentially deemed income under Sec 106 / Sec 69D) + ₹5,00,000
Total Assessed Income ₹13,00,000
Tax on ₹13,00,000 (approx.) ₹1,42,500
Tax on ₹8,00,000 (original salary income) ₹60,000
Additional tax due to deemed income addition ₹82,500
Penalty under Section 269SS (loan accepted in cash — equal to loan amount) ₹5,00,000
Total Estimated Exposure (tax + penalty) ~₹5,82,500+
Note
On a ₹5,00,000 loan, the total exposure (additional tax + penalty) can exceed the loan amount itself. This is why using proper banking channels is non-negotiable.
EXAMPLE 2 — Cash Loan Repayment by Freelancer
Situation: Ms. Priya (freelance designer) borrowed ₹3,00,000 via NEFT from a friend last year (correctly). She repays ₹2,00,000 of it in cash this year. Section 269T is triggered. The lender also has unexplained cash credit in her account.
Cash repayment amount ₹2,00,000
Penalty under Section 269T (equal to repayment amount) ₹2,00,000
Potential further scrutiny under Sec 106 Possible
Penalty Exposure (Section 269T alone) ₹2,00,000
Unexplained cash credit in lender's account ₹2,00,000
If added to income & taxed at 30% (highest slab, approx.) ₹60,000
Surcharge & Cess (approx.) ₹6,240
Lender's Approximate Tax on Unexplained Credit ~₹66,240
EXAMPLE 3 — Hundi-Based Trade Financing (Trader)
Situation: Mr. Ramesh (textile trader) uses a hundi of ₹8,00,000 to finance inventory purchases. No banking records. Not disclosed in books.
Hundi amount (borrowing) ₹8,00,000
Deemed income under Section 69D / Section 106 (entire amount potentially added to income) ₹8,00,000
Tax on ₹8,00,000 addition (30% slab, approx.) ₹2,40,000
Penalty under Section 269SS (equal to amount accepted) ₹8,00,000
Penalty under Section 269T (on repayment, if also in cash) ₹8,00,000
Total Estimated Worst-Case Exposure ~₹18,40,000+
Worst Case
On an ₹8,00,000 hundi transaction, the combined worst-case exposure under Section 106, 269SS, 269T, and 69D could exceed ₹18 lakhs — more than double the original amount. This is not hypothetical risk. This is the actual regulatory framework being put in place.
Penalties and Tax Implications

Penalties and Tax Implications Under Section 106 and Related Provisions

It is important to understand that the tax consequence of a loan borrowed or repaid other than through banking channel is not a single fixed outcome. The result depends on what is found during assessment. Here is what can happen:
Consequence Type Applicable When Potential Financial Impact
Deemed Income Addition Transaction outside banking channel; no supporting records; fails genuineness test Entire loan amount added to taxable income; taxed at applicable slab rate
Penalty under Section 269SS Loan of ₹20,000+ accepted in cash or non-prescribed mode 100% of loan amount accepted (i.e., equal to sum received)
Penalty under Section 269T Loan of ₹20,000+ repaid in cash or non-prescribed mode 100% of repayment amount
Interest under Section 234A/B/C Underpayment or late payment of tax after assessment 1% per month on outstanding tax
Tax Scrutiny Notice Mismatch between ITR, books, and bank records Costs of compliance, professional fees, and reputational risk
Best Judgement Assessment Missing records; non-cooperation with AO AO can assess income at discretion — often adversely
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Compliance Requirements Section

Compliance Requirements: How to Keep Your Loan Transactions Safe

Good compliance is not only about the payment method. It is about building a paper trail that holds up under scrutiny. Here is a step-by-step approach recommended by CA Sagar Batra and the Easy Return team:
Step 1: Always Use Prescribed Banking Channels
For Section 106 compliance on loans borrowed or repaid, the safest methods are: NEFT, RTGS, IMPS, UPI, account payee cheque, or a bank draft through a traceable route. These are the modes that support digital payment compliance and create verifiable records.
Step 2: Prepare a Written Loan Agreement
Every loan — including family loans and friendly loans — must have a written agreement covering:
Full names and PAN of borrower and lender
Loan amount and date of disbursement
Interest rate (even if nil — state it)
Repayment schedule and mode
Signatures of both parties
Step 3: Maintain Complete Documentation
Written and signed loan agreement
Bank statement showing disbursement (NEFT/RTGS/IMPS/UPI screenshot or bank statement entry)
Bank statement showing repayment — matching amounts and dates
Ledger entries in books of account
Interest computation and TDS compliance (if applicable)
ITR disclosure of the loan (both borrower and lender where relevant)
Confirmation letter from lender for each repayment
Step 4: Match Your ITR with Bank Records
Your income tax return, books of account, and bank statements must tell the same consistent story. If a loan appears in your bank account but not in your ITR or books, that mismatch will attract questions during scrutiny. This is one of the most common triggers for tax notices under cash transaction restriction provisions.
Step 5: Review Threshold-Based Restrictions
Provision Threshold What Happens Above Threshold
Section 269SS ₹20,000 (single or aggregate) Loan cannot be accepted in cash; penalty equal to amount accepted
Section 269T ₹20,000 (single or aggregate) Loan cannot be repaid in cash; penalty equal to amount repaid
Section 106 No specific threshold published yet Any non-prescribed instrument/mode may be covered; await final law
✦ Easy Return Pro Tip
If you have already made a transaction outside banking channels, do not wait for a notice. Proactively review your records, prepare supporting documentation, and file a corrected return if needed. Voluntary disclosure + proper documentation always puts you in a stronger position than reacting to a notice. The Easy Return team can help you assess your situation confidentially.
Common Mistakes Section

Common Mistakes That Trigger Income Tax Notices on Loan Transactions

Most taxpayers who receive notices on loan transactions do not intend to evade tax. They get into trouble due to weak records, informal habits, and inconsistent reporting. Here are the most common mistakes — and how to avoid them:
# Common Mistake Why It Triggers Notice Fix
1 Cash loan repayment above ₹20,000 Direct Section 269T violation; no banking trail Always repay via NEFT/RTGS/IMPS/UPI
2 Family loan — no written agreement Cannot prove genuineness; may be treated as undisclosed income Sign a simple loan agreement; even for relatives
3 Loan not disclosed in ITR Bank credit appears unexplained; AO may add to income Disclose all loans received in ITR/books
4 Hundi or promissory note used for trade finance No banking records; directly under Sec 106 / Sec 69D scope Replace with account payee instruments or bank transfers
5 Mismatch between books and bank statements Different loan amounts / repayment dates raise red flags Reconcile books, bank, and ITR before filing
6 Multiple small cash repayments to stay under threshold Aggregation rules apply; splitting does not help Always use banking channels regardless of amount
7 No interest on family/friend loans Zero-interest loans between non-relatives can be questioned Charge market-rate interest; document it; issue TDS if applicable
8 Director loans to company in cash Triggers both Section 106 and company law scrutiny Route all director loans via banking channel with board resolution
Section 106 for MSMEs & Startups

How Section 106 Affects MSMEs, Startups, and Freelancers

MSMEs, startups, and freelancers are among the groups most exposed to Section 106 issues on loans borrowed or repaid other than banking channel. Here is why:

Why MSMEs Are at Higher Risk

Many small businesses depend on fast, informal funding — supplier credit, trade hundis, director advances, and bridge loans from friends or family. These transactions are often poorly documented, sometimes in cash, and frequently not properly reflected in books or returns.

Under the proposed framework, this exposes MSMEs to simultaneous risk under Section 106, Section 269SS, Section 269T, and company law provisions.

Business Type Common Risk Scenario Sections at Risk Easy Return Recommendation
MSME / Trader Hundi-based inventory financing, cash repayments Sec 106, 69D, 269SS, 269T Switch to NEFT/RTGS; maintain supplier ledgers
Startup / Private Ltd Director loans in cash; undocumented shareholder advances Sec 106, 269SS, Companies Act Board resolution + bank transfer for every director loan
Freelancer / Consultant Cash repayment of personal loans; undisclosed borrowings Sec 106, 269T Disclose all loans in ITR; use UPI/IMPS for repayments
Family Business (HUF) Karta loans, family member advances without agreements Sec 106, 269SS, 269T Written agreements; bank-to-bank transfers; maintain HUF books
Real Estate / Property Dealer Cash token advances, hundi-based bridge finance Sec 106, 69D, 269SS, 269T, Sec 68/69 All property-related loans through banking channels only
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Interest on Loans and TDS Compliance

Interest on Loans and TDS Compliance: What You Must Not Miss

Beyond the principal loan amount, interest on loans creates its own compliance layer. Many taxpayers correctly route the principal through banking channels but forget about interest-related obligations. Here is what you must know:
Scenario Interest Obligation TDS Required? Disclosure in ITR
Loan from relative (0% interest) None — but document in agreement No TDS Yes — disclose loan in Schedule
Loan from friend at market rate Interest payable as per agreement TDS u/s 194A if >₹40,000 (₹50,000 for seniors) Yes — both loan and interest
Business loan from NBFC/individual Interest at contracted rate TDS applicable Full disclosure in books and ITR
Cash loan repaid with interest in cash Both principal and interest at risk TDS not deducted = additional default May be questioned on both Section 269T and TDS default
CA Sagar Batra's Advice
Even for interest-free family loans, always state the interest rate (even zero) in the loan agreement. An undocumented zero-interest loan between unrelated parties can itself be questioned as not being at arm's length.
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Section 106 FAQ: Loans Borrowed or Repaid Other Than Banking Channel

Common questions taxpayers ask about Section 106, cash loans, repayment rules, banking channel compliance, penalties, and income tax scrutiny.
1. What is Section 106 under the proposed Income Tax Bill 2025?

Section 106 is an expected provision dealing with amounts borrowed or repaid through negotiable instruments (like promissory notes), hundis, or modes other than prescribed banking channels such as NEFT, RTGS, IMPS, or UPI.

Any loan borrowed or repaid other than through banking channel may attract tax scrutiny, penalties, or deemed income treatment under this section, depending on the facts and final enacted law.

2. What happens if a loan is borrowed other than through a prescribed banking channel?

A loan borrowed other than through a prescribed banking channel may attract:

  • deemed income addition — the entire loan amount could be added to your taxable income
  • penalty under Section 269SS equal to the loan amount
  • scrutiny under Section 106
  • in case of hundi, action under Section 69D

The risk is significantly higher when there is no written agreement, no bank trail, and no ITR disclosure.

3. Is cash loan repayment allowed under Section 106 and Section 269T?

Cash loan repayment above ₹20,000 is directly prohibited under Section 269T, which can impose a penalty equal to the entire repayment amount.

Under the proposed Section 106, cash repayment of a loan may additionally be flagged for traceability concerns.

Even if the original loan was genuine and properly documented, the mode of repayment alone can create serious legal and financial consequences. Always use NEFT, RTGS, IMPS, or UPI.

4. How is Section 106 different from Section 269SS?

Section 269SS primarily restricts the acceptance of loans, deposits, or specified sums in cash above ₹20,000 — it creates a penalty equal to the amount accepted.

Section 106, on the other hand, focuses on the instrument or mode used — specifically targeting negotiable instruments, hundis, and other non-prescribed modes.

The key difference is that:

  • Section 269SS is threshold-based and focuses on acceptance
  • Section 106 is mode-based and covers both borrowing and repayment

In many cases, both sections will apply to the same transaction.

5. Do Section 106 rules apply to family loans and friendly loans?

Yes. Family relationship does not automatically exempt a loan transaction from Section 106, Section 269SS, or Section 269T.

Tax authorities examine whether a transaction is genuine, traceable, and consistent with financial records — regardless of the relationship.

For family loans, always:

  • use a written loan agreement
  • route the money through banking channels
  • maintain a repayment schedule
  • disclose the loan in ITR
6. What should I do if I have already received an income tax notice about a loan?

Do not ignore the notice. Do not respond without professional guidance.

The first step is to understand what the notice specifically asks — whether it is a mere information request or a formal scrutiny or penalty proceeding.

Gather all documentation:

  • loan agreement
  • bank records
  • ITR filings
  • ledger entries

Then engage a qualified CA immediately.

CA Sagar Batra and the Easy Return team specialise in income tax notice handling and can help you respond appropriately to protect your interests.

7. What is the penalty under Section 269SS for accepting a loan in cash?

Under Section 269SS, the penalty for accepting a loan, deposit, or specified sum in cash (or non-prescribed mode) above ₹20,000 is equal to the entire amount accepted.

So if you accept a ₹5,00,000 cash loan, the penalty alone is ₹5,00,000 — before any tax on deemed income is calculated.

The only relief available is if the taxpayer can prove genuine hardship or exceptional circumstances, which is assessed case by case.

8. Can NEFT, RTGS, IMPS, and UPI be used for all loan transactions?

Yes. NEFT, RTGS, IMPS, and UPI are all prescribed, traceable banking channels that satisfy digital payment compliance requirements under the income tax law.

They create:

  • a clear timestamp
  • identity trail
  • bank-to-bank record

that is easily verifiable.

For any loan transaction above ₹20,000 — and ideally for any amount at all — always use one of these modes and preserve the transaction reference/screenshot as part of your records.

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