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SECTION |
Nature of Failure/Default |
Authority who can
levy penalty |
Quantum of Penalty |
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SECTION 158BFA(2)
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a) Delay or failure in furnishing
the return of total income including undisclosed income for the block
period as required by notice u/s. 158BC(a) OR
(b) Undisclosed Income determined by the Assessing
Officer is in excess of the Undisclosed income shown in such return.
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Assessing Officer or Commissioner
(Appeals)
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Minimum 100% & maximum 300%; in case (a) of the
tax leviable in respect of the undisclosed income determined by the
Assessing Officer and in case (b), of the tax leviable on the difference
between the undisclosed income as determined by the Assessing Officer and
the amount of undisclosed income shown in the return. (Not
applicable w.e.f.
31/05/2003) |
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SECTION 221(1) |
Default in making payment of tax within prescribed
time; i.e., as required by notice u/s. 156 or wherever assessee is deemed
to be in default in payment of tax.
|
Assessing Officer. |
Such amount as directed by
Assessing Officer but not exceeding the amount of tax in arrears.
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SECTION 271(1)(b)
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Failure to comply with the notice u/s. 115WD(2) or
115WE(2) or 143(2) or 142(1) or failure to comply with the direction u/s.
142(2A) to get the accounts audited
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Assessing Officer or Commissioner or Commissioner
(Appeals).
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Rs. 10,000/- for each such
failure.
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SECTION 271(1)(c) |
Concealment of particulars of income or furnishing
of inaccurate particulars of such income. |
Assessing Officer or Commissioner or Commissioner
(Appeals). |
Minimum 100% & maximum 300% of the tax sought to
be evaded. |
|
SECTION 271(1)(d) |
Concealment of particulars of
fringe benefits or inaccurate particulars of such fringe benefits,
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Assessing Officer or Commissioner or Commissioner
(Appeals). |
Minimum 100% & Maximum 300% of the tax sought to
be evaded. |
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SECTION 271(4) |
Distribution of Profit by registered firm
otherwise than in accordance with the partnership deed on the basis of
which the firm has been registered and as a result of which partner has
returned income below the real income (penalty leviable on the partner).
|
Assessing Officer or Commissioner
(Appeals). |
A sum not exceeding 150% of the difference between
the tax on partner’s income assessed and income returned. |
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SECTION 271A |
Failure to keep and maintain any such books of
account and other documents as required under Section 44AA or rules made
thereunder or to retain such books of account and other documents for the
period specified under Income Tax Rules. |
Assessing Officer or Commissioner (Appeals).
|
A sum of Rs. 25,000/. |
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SECTION 271AA |
Failure to keep and maintain any information or
document in respect of international transaction as required by Section
92D(1) or (2). |
Assessing Officer or Commissioner (Appeals).
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2% of the value of each
international transaction. |
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SECTION 271AAA |
Undisclosed income found during Search
initiated under section 132 on or after 1-6-2007 (Explanation to Section
271AAA) |
Assessing Officer. |
A sum computed @ 10% of the
undisclosed income of the specified previous year. Penalty cannot be
levied if all the following conditions stipulated in Section
271 AAA (2) are fulfilled.
i) In the course of the search admits the
undisclosed income in a statement recorded
u/s.132(4) and specifies the manner in which such income has been derived.
ii) Substantiates the manner in which the
undisclosed income was derived and
iii) Pays the taxes together with interest, in
respect of such undisclosed income. |
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SECTION 271B |
Failure to get the accounts audited as required
u/s. 44AB or furnish report of such audit before the specified date
mentioned in Explanation (ii) below Section 44AB. |
Assessing Officer. |
0.5% of the total sales, turnover or gross
receipts Maximum Rs. 1,50,000/ |
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SECTION 271BA |
Failure to furnish a report from an accountant in
respect of international transaction as required u/s. 92E. |
Assessing Officer. |
A sum of Rs. 1,00,000/ |
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SECTION 271C |
a) Failure to deduct whole or any
part of tax at source (TDS) as required under the provisions of Chapter
XVIIB or
b) failure to pay whole or any part of tax u/s.
115-O or c)Failure to pay whole or any part of tax as par second proviso
to section 194B |
Joint Commissioner.
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Amount of tax not deducted or
amount of tax not so paid as the case may be. |
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SECTION 271CA |
Failure to collect whole or any part of tax at
source (w.e.f. 1st April, 2007) U/Chapter XVII-BB |
Joint Commissioner. |
A sum equal to the amount of tax failed to
collect. |
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SECTION 271D |
Failure to comply with the provisions of Section
269SS; i.e., by taking or accepting any loan or deposit of Rs. 20,000/- or
more otherwise than by crossed account payee cheque/Draft |
Joint Commissioner. |
A sum equal to the amount of loan
or deposit so taken or accepted. |
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SECTION 271E |
Failure to comply with the provisions of Section
269T; i.e., repayment of any loan or deposit of Rs. 20,000/- or more
otherwise than by crossed account payee cheque/draft in the name of the
person who has made the loan or deposit. |
Joint Commissioner. |
A sum equal to the amount of loan or deposit
repaid. |
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SECTION 271F |
Failure to furnish return of income before the end
of relevant assessment year as required u/ s. 139(1) or provisos to the
said sub-Section. |
Assessing Officer. |
A sum of Rs 5,000/-. |
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SECTION 271FA |
Failure to furnish annual
information return required u/s. 285BA or failure to furnish such return
within the time prescribed. |
Prescribed Income Tax authority. |
Rs. 100/- for every day during which failure
continues. |
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SECTION 271FB |
Failure to furnish fringe benefits return required
u/s. 115WD (1) or failure to furnish such return within the time
prescribed. |
Assessing Officer. |
Rs. 100/- for every day during which failure
continues. |
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SECTION 271G |
Failure to furnish any information or document as
required by Section 92D(3) in respect of international transaction.
|
Assessing Officer or Commissioner (Appeals).
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2% of the value of international transaction for
each such failure. |
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SECTION 272A(1) |
Failure to answer questions, sign
statements or attend summons u/s. 131(1) to give evidence/ produce books
of account or other documents. |
Income Tax authority not lower in rank than a
Joint Commissioner or a Joint Director. |
Rs. 10,000/- for each such default
or failure. |
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SECTION 272A(2) |
Failure to:
(a) comply with a notice u/s. 94(6);
(b) give notice of discontinuance of business or
profession u/s. 176(3);
(c) furnish in due time any of the returns,
statements or particulars mentioned in Section 133, 206 or 206C or 285B;
(d) allow inspection of any register referred to
in section 134 or of any entry therein or to allow copies of the same;
(e) furnish return of income u/s. 139(4A)/ 139(4C)
or furnish such returns within time allowed;
(f) deliver copy of declaration as stated in
Section 197A in due time;
(g) furnish a certificate as required u/s. 203 or
u/s. 206C;
(h) deduct and pay tax as required u/s. 226(2);
(i) furnish a statement required u/s. 192(2C);
(j) to deliver in due time a copy of the
declaration u/s. 206C(1A);
(k) furnish quarterly statement of TDS as required
u/s. 200(3) or TCS under proviso to Section 206C(3);
(l) deliver the quarterly return in respect of
payment of interest to residents without deduction of tax u/s. 206A(1).
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Income Tax authority not lower in rank than a
Joint Commissioner or a Joint Director except for failure under Clause (f)
above w.r.t. Section 197A wherein the authority is with Chief Commissioner
or Commissioner.
|
Rs.100/- per day during which default continues.
However, penalty shall not exceed the amount of tax deductible or
collectible in case of failure to deliver or pay declaration u/s. 197A,
furnish a certificate u/s. 203 or annual return of tds/tcs u/ ss. 206 and
206C.
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SECTION 272AA |
Failure to comply with the provisions of Section
133B (a general survey meant for collection of information |
Assessing Officer or Joint Commissioner or
Assistant Director or Deputy Director. |
Maximum Penalty up to Rs. 1,000/-. |
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SECTION 272B |
Failure to comply with the provisions of Section
139A (i.e., failure to obtain PAN) or failure to quote PAN in documents
and use of false PAN deliberately. |
Assessing Officer. |
A sum of Rs. 10,000/-. |
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SECTION 272BB |
Failure to comply with the provisions of Section
203A (failure to obtain TAN including failure to quote the same) including
quoting of false TAN. |
Assessing Officer |
A sum of Rs. 10,000/. |
Important Notes
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No penalty can be
levied u/s. 221(1), if the assessee proves that the default in making payment
of tax was for good and sufficient reasons.
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No order levying
penalty can be passed for failure u/ss. 271(1)(b), 271A, 271AA, 271B, 271BA,
271BB, 271C, 271CA, 271D, 271E, 271F, 271FA, 271FB, 271G, 272A(1)(c)/(d),
272A(2), 272AA(1), 272B, 272BB(1)/(1A), 272BBB (1)(b), 273(1)(b),
273(2)(b)/(c). if the person or the assessee proves that there was a
reasonable cause by virtue of Section 273B.
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No penalty shall
be imposed on any person unless he is properly heard or has been provided with
reasonable opportunity of being heard by virtue of Section 274(1).
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No order imposing
penalty exceeding Rs. 10,000/- can be passed by the Income Tax Officer without
previous approval of Joint Commissioner. Further, no order imposing penalty
exceeding Rs. 20,000/- can be passed by the ACIT or DCIT without the previous
approval of Joint Commissioner by virtue of Section 274(2).
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Penalty
proceedings have to be completed before the end of financial year in which the
proceedings, in the course of which action for imposition of penalty is
initiated, are complete, or within 6 months from the end of the month in which
action for imposition of penalty is initiated, whichever period expires later
by virtue of Section 275.
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While determining
the amount of penalty, the law to be applied would be the law operative on the
date when default was committed. In case of late filing of return, the default
is said to be committed on the date when the return is to be filed and in case
of non-compliance of notice, default is taken to be committed on the day when
the date given in the notice expires.
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An application
can be made to Commissioner for reducing or waiving any penalty levied under
the Income-tax Act, 1961 or for staying or compounding any proceeding for the
recovery of any such penalty by virtue of Section 273A(4). In such situations,
where the aggregate of such penalties exceed Rs. 1,00,000/-, then the
Commissioner can exercise these powers with the previous approval of Chief
Commissioner or Director-General as the case may be.
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Explanation1 to
Sec. 271(1)(c) specifies that assessee shall offer an explanation, and only on
failure to offer any explanation or such explanation is found to be false, or
assessee is not in a position to substantiate then it will be deemed that such
person has concealed the income.
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Explanation 4 to Sec. 271(1)(c)
specifies that the amount of tax sought to be evaded also shall included
reduction in the loss figure.
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