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INCOME TAX REVIEW

Tabular Chart of Provisions (Ready Reckoner)

This article in a bird’s eye view gives some relevant information with respect to each of the offences for which a penalty is contemplated under the Income-tax Act, 1961 (the Act). Column 1 is the reference to the provision in the Act which authorizes the levy of penalty, Column 2 gives the nature of the offence which is covered by the said provision, Column 3 tells us about the authority by whom penalty is to be imposed and lastly Column 4 gives the minimum/ maximum penalty prescribed in respect of such offence. Detailed notes on each of the offences are dealt with in other articles.

Section along with relevant clauses Nature of offence Authority by whom leviable Min./max. penalty prescribed
1 2 3 4
271(1)(b) Failure to comply with a notice u/s. 142(1) or 143(2) or a directionissued under u/s. 142(2A) Assessing Officer or Commissioner (Appeals) (CIT(A)) or Commissioner (CIT) (w.e.f. 1-6-2002) Rs. 10,000/- for each failure
271(1)(c) Concealing particulars of income or furnishing inaccurate particulars of such income Assessing Officer, CIT(A) or CIT (w.e.f. 1-6-2002) Min. 100% of tax payable Max. 300% of tax payable
271A Failure to keep, maintain or retain books of accounts and documents as  required by section 44AA Assessing Officer or CIT(A) Rs. 25,000/-
271AA Failure to keep and maintain information and documents required by section 92D (Transfer Pricing) Assessing Officer or CIT(A) 2% of the value of each international transaction entered into by such person
271B Failure to get accounts audited or furnish Tax Audit Report as required u/s. 44AB Assessing Officer 0.5% of total sales, turnover or gross receipts or Rs. 1,00,000, whichever is less
271BA Failure to furnish a report u/s. 92E regarding international transactions entered into by him Assessing Officer Rs. 1,00,000
271C(1)(a) Failure to deduct the whole or part of tax as required by or under the provisions of Chapter XVII-B Joint Commissioner Equal to the amount of tax, which such person failed to deduct or pay
271C(1)(b) Failure to pay the whole or any part of tax as required by or under sub- section (2) of section 115-O (tax on distributed profits of domestic companies) or second proviso to section 194B (winnings from lottery or crossword puzzle) Joint Commissioner Equal to the amount of tax, which such person failed to deduct or pay
271D Accepting or taking any loan or deposit in contravention of provisions of section 269SS; i.e. acceptance of loan or deposit of Rs. 20,000/- or more otherwise than by an account payee cheque or bank draft Joint Commissioner A sum equal to the amount of the loan or deposit so taken or accepted
271E Repaying any deposit in contravention of section 269T; i.e., repayment of deposit of Rs. 20,000/- or more otherwise than by an account payee cheque or bank draft Joint Commissioner A sum equal to the loan or deposit so repaid
271F Failure to furnish return under section 139(1) or under the provisos to that section before the end of relevant assessment year Assessing Officer Rs. 5,000/-
271FA Failure to furnish annual information return under section 285BA(1) within the time prescribed (w.e.f. 1-4-2005) Income-tax Authorities prescribed under that section Rs. 100/- for every day during which the failure continues
271G Failure to furnish information or document under section 92D (Transfer Pricing) Assessing Officer or CIT(A) 2% of the value of international transaction for each such default
272A(1) Failure to answer questions , or sign statements, or attend summons u/s. 131(1) Joint Director or Joint Commissioner Rs. 10,000/- for each failure or default
272A(2)(a) Failure to comply with notice issued under section 94(6) asking for details regarding ownership/beneficial ownership of securities Income-tax authority not lower in rank than a Joint Director or a Joint Commissioner Rs. 100/- for every day during which the failure continues
272A(2)(b) Failure to give notice of discontinuance of business or profession as required by section 176(3) —do— Rs. 100/- for every day during which the failure continues
272A(2)(c) Failure to furnish in due time returns/ statements mentioned in sections 133 (information), 206 (TDS Return), 206C (TCS Return) or 285B (Statement by producers of cinematograph films) —do— Rs. 100/- for every day during which the failure continues. However, the amount of penalty shall not exceed the amount of tax deductible or collectible
272A(2)(d) Failure to allow inspection of register referred to in section 134, etc. —do— Rs. 100/- for every day during which the failure continues
272A(2)(e) Failure to furnish return of income under sub-section (4A) or (4C) of section 139 —do— Rs. 100/- for every day during which the failure continues
272A(2)(f) Failure to deliver declarations mentioned in section 197A —do— Rs. 100/- for every day during which the failure continues. However, the amount of penalty shall not exceed the amount of tax deductible
272A(2)(g) Failure to furnish a certificate as required under section 203 (TDS certificate) or section 206C (TCS certificate) —do— Rs. 100/- for every day during which the failure continues. However, the amount of penalty shall not exceed the amount of tax deductible
272A(2)(h) Failure to deduct or pay tax as required by section 226(2) —do— Rs. 100/- for every day during which the failure continues.
272A(2)(i) Failure to furnish a statement as required by section 192(2C) —do— Rs. 100/- for every day during which the failure continues.
272A(2)(j) Failure to deliver declarations mentioned in section 206C(1A) —do— Rs. 100/- for every day during which the failure continues.
272A(2)(k) Failure to deliver a statement specified under section 200(3) or proviso to section 206C(3) —do— Rs. 100/- for every day during which the failure continues.
272AA Failure to comply with provisions of section 133B Joint Commissioner, Assistant Director, Deputy Director or the Assessing Officer Maximum Rs.1,000/-
272B Failure to comply with the provision of section 139A (Permanent Account Number) Assessing Officer Rs. 10,000/-
272BB Failure to comply with provisions of section 203A (Tax Deduction Account Number) Assessing Officer Rs. 10,000/-
272BBB Failure to comply with provisions of section 206CA (Tax Collection Account Number) (from June 1, 2002 to September 30, 2004) Assessing Officer Rs. 10,000/-

In view of section 273B, penalty is not leviable under section 271(1)(b), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271D, 271E, 271F, 271FA, 271G, clause (c) or clause(d) of section 272A(1), 272A(2), 272AA(1), 272B, 272BB(1) or 272BBB(1) if the person or assessee proves that there was reasonable cause for the said failure.

 

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