Direct Taxes
- Accountant’s Reports under the Income-tax Act
- Amalgamation and Demergers
- Appeals
- Audit Reports under the Income-Tax Act/ Accountant’s Reports under the Income-tax Act
- Capital Gains
- Capital Gains on Specific Transfers
- Charitable Trusts
- Clubbing Provisions
- Co-operative Society – Taxation
- Deductions and Rebates
- Deemed Dividend
- Direct Tax Vivad Se Vishwas Act, 2020
- Double Taxation Avoidance Agreement
- Exempt Capital Gains
- Exempt Income
- Forms of I-Tax Act
- Full value of consideration in respect of transfer of Immovable Property held as business asset – Section 43CA
- Gifts Treated as Income
- Important Due Dates under Direct Taxes
- Income Computation & Disclosure Standard
- Income from House Property
- Interest
- Interpretation of Taxing Statutes
- Investment Planner
- Legal Maxim
- Minimum Alternate Tax (MAT) and Alternate Minimum Tax (AMT)
- Penalties
- Permanent Account Number (PAN)
- Presumptive Taxation
- Rates of Depreciation
- Rates of Income Tax
- Rectifications
- Return of Income
- Revision
- Salaries
- Search/Survey – Rights and Duties
- Section 14A : Disallowance of Expenditure incurred in relation to income exempt from tax
- Set-off and carry forward of losses
- Settlement Commission
- Statement of Financial Transactions or Reportable Account Annual Information Return (Section 285BA, Rule 114E)
- Tax Deduction and Collection Account Number (TDCAN)
- Taxation of Firms
- TDS Chart
Penalties
Section |
Nature of Default |
Basis of Charge |
Quantum of Penalty |
---|---|---|---|
140A(3) |
Failure to pay wholly or partly –
under section 140A(1) |
— |
Such amount as AO may impose but not exceeding tax in arrears |
158BFA(2) |
Determination of undisclosed income of block period |
— |
Min. 100%; Max. 300% of tax leviable in respect of undisclosed income |
221(1) |
Failure to pay tax; i.e., non-payment of tax required by notice u/s. 156 (Refer Note 1) |
— |
Not to exceed total amount of tax in arrears |
270A |
Under-reporting or misreporting of income |
— |
Under-reporting of income – 50% of tax payable on under-reported income |
— |
Under-reporting of income resulting from misreporting of income – 200% of tax payable |
||
271(1)(b) (Up to assessment year 2016-17) |
Non-compliance with notice u/s. 142(1) or sec. 115WD(2) to file return of income or return of fringe benefits or to produce documents required by assessing officer u/s. 143(2) or 115WE(2) or to produce evidence on which assessee relies or u/s. 142(2A) to get accounts audited (Refer Note 4) |
— |
₹ 10,000/- for each failure in addition to tax, if any, payable |
271(1)(c), |
Concealment of particulars of income or particulars of fringe benefits, or furnishing inaccurate particulars thereof (Refer Note 4) |
Tax sought to be evaded (from assessment year 2016-17, based on formula as provided in Explanation 4) |
Minimum – Amount of tax sought to be evaded maximum – 3 times the minimum – in addition to tax, if any, payable |
271A |
Failure to keep, maintain or retain books or documents u/s. 44AA |
— |
₹ 25,000/- |
271AA |
Failure to keep and maintain information and documents u/s. 92D, failure to report transactions and maintaining or furnishing of incorrect information/document |
International transaction or specified domestic transactions |
2% of value of each International transaction or specified domestic transactions |
Failure to furnish the information and the documents as required under Section 92D(4) |
— |
₹ 5,00,000/- |
|
271AAA |
Search under Section 132 before 30th June, 2012 (Refer Note 5) |
Undisclosed income of the specified previous year |
10% of undisclosed income |
271AAB |
Search under Section 132 on or after 1st July, 2012 |
— Undisclosed income of the specified previous year, and assessee admits during the search and satisfies other conditions |
— 10% of undisclosed income (if search initiated before 15-12-2016) — 30% of undisclosed income (if search initiated on or after |
— Undisclosed income of the specified previous year, and assessee admits in the return of income filed after the search and satisfies other conditions |
— 20% of undisclosed income (if search initiated before 15-12-2016) — 60% of undisclosed income (if search initiated on or after |
||
— Not covered by either of the above situations |
— 60% of undisclosed income |
||
271AAC |
On income returned to in sections 68, 69, 69A, 69B, 69C or 69D, in excess of income already discussed in the ROI and taxes paid in accordance with S. 115BBE |
— |
10% of tax payable under section 115BBE(1)(i) on such excess |
271AAC |
False entry in books of account or omission of any entry which is relevant for computation of total income, to evade tax liability |
Amount of false entry or omitted entry |
100% of the aggregate amount of such false or omitted entry |
271B |
Failure to get accounts audited or furnish Tax Audit Report as required u/s. 44AB |
Total sales, turnover, or gross receipts |
0.5% of total sales, turnover or gross receipts or ₹ 1,50,000/- whichever is less |
271BA |
Failure to furnish a report as required u/s. 92E |
— |
₹ 1,00,000/- |
271C |
Failure to deduct the whole or part of the tax as required by or under Chapter XVII-B (Ss. 192 to 196D) or failure to pay the whole or part of tax u/s. 115-O, or second proviso to section 194B |
Amount of tax not deducted/paid |
Equal to the amount of tax failed to be deducted/paid |
271CA |
Failure to collect whole or part of tax as required by or under Chapter XVIIBB (Section 206C) |
Amount of tax not collected |
Equal to the amount of tax the person has failed to collect |
271D |
Contravention of the provisions of S. 269SS; i.e., by taking or accepting any loan or deposit or specified sum otherwise than by modes specified therein |
Amount of loan or deposit or specified sum so taken or accepted |
Equal to the amount of loan or deposit or specified sum so taken or accepted |
271DA |
Contravention of the provisions of
|
Amount of receipts (from 1st April, 2017) so taken or accepted |
Equal to the amount of such receipt |
271E |
Contravention of S. 269T; i.e., repayment of any loan or deposit or specified advance (otherwise than by modes specified therein |
Amount of deposit or specified advance so repaid |
Equal to the amount of loan or deposit or specified advance so repaid |
271F (up to 1st day of April, 2018) |
Failure to furnish Return of Income u/s. 139(1) before the end of the relevant Assessment Year |
— |
₹ 5,000/- |
271FA (w.e.f. 1-4-2018) |
Failure to furnish statement of financial transaction or reportable account under Section 285BA(1) |
— |
₹ 500/- for every day during which the failure continues |
271FA (w.e.f. 1-4-2018) |
Failure to furnish statement of financial transaction or reportable account within the period specified in the notice issued under Section 285BA(5) |
— |
₹ 1,000/- for every day during which the failure continues, beginning from the day immediately following the day on which the time specified in such notice for furnishing the statement expires |
271FAA |
Furnishing of inaccurate information by prescribed financial institution due to failure to comply with prescribed due diligence requirement Failure to inform the prescribed authority about inaccuracy at the time of furnishing the statement of financial transaction or reportable account Failure to inform about inaccuracy after discovering such inaccuracy and failure to furnish correct information within the time specified |
— |
₹ 50,000/- |
271FAB |
Failure to furnish statement/information/document by eligible investment Fund under section 9A(5) |
— |
₹ 500,000/- |
271FB |
Failure to furnish Return of fringe benefit under section 115WD(1) |
— |
₹ 100/- for every day during which the failure continues |
271G |
Failure to furnish information or document u/s. 92D(3) (Refer Note 6) |
International transactions or specified Domestic transaction |
2% of value of International transaction or specified domestic transaction for each such default |
271GA |
Failure to furnish information/document by an Indian concern as required under newly inserted section 285A |
Value of transaction which has effect of transferring directly or indirectly management/control of Indian concern |
2% of the value of transaction |
In any other case |
₹ 500,000/- |
||
271GB (newly inserted w.e.f. |
Failure to furnish report or furnishing inaccurate report under section 286 in respect of international group |
— |
₹ 5,000/- for every day during which failure continues and period of failure does not exceed 1 month or ₹ 15,000/- for every day during which failure continues and period of failure exceeds 1 month |
Failure to produce information and documents pursuant to a notice within prescribed period |
— |
₹ 5,000/- for every day during which failure continues beginning from the day following the day on which the prescribed period expires |
|
Failure to comply with order directing payment of penalty under Section 286(1) or (2) |
— |
₹ 50,000/- for every day during which failure continues beginning from date of service of order |
|
Providing inaccurate information in report in spite of knowledge of same or furnishing of inaccurate information or document in response to notice |
— |
₹ 5,00,000/- |
|
271H |
Failure to furnish TDS statements by due date or furnishing incorrect information in the TDS statement (with effect from July 1, 2012) |
— |
From ₹ 10,000/- to ₹ 100,000/-. |
271-I |
Failure to furnish or furnishing of inaccurate information in respect of payment of any sum to a non-resident or to a foreign company whether chargeable or not |
— |
₹ 100,000/- |
271J |
W.e.f. 1st April, 2017, failure to furnish or furnishing of inaccurate information in reports or certificates by an accountant or a merchant banker or a registered valuer. |
— |
₹ 10,000/- for each such report or certificate. |
271K |
Failure to deliver a statement or failure to furnish a certificate as required under Section 35 or 80G |
— |
From ₹ 10,000/- to ₹ 100,000/-. |
272A(1) |
Failure to answer questions, sign statements, attend summons u/s. 131(1) or failure to comply with the notice u/s. 142(1) or u/s. 143(2) or failure to comply with direction issued under section 142(2A) |
— |
₹ 10,000/- for each failure |
272A(2) |
Failure to:
|
— |
₹ 100/- for every day during which the failure continues. However, amount of penalty for point Nos. 3, 6, 7, 9, 11, 12 and 13 shall not exceed amount of tax deductible or collectible |
272AA |
Failure to furnish the prescribed information required u/s. 133B (refer to Form No. 45D) |
— |
Up to ₹ 1,000/- |
272B(1) |
Penalty for failure for non-compliance under section 139 |
— |
₹ 10,000/- |
272B(2) |
Penalty for failure in quoting PAN or Aadhaar number |
₹ Penalty 10000 for each such failure |
|
272BB(1) |
Failure to apply for Tax Deduction Account Number (TAN) (Section 203A) |
— |
₹ 10,000/- |
272BB(1A) |
Failure to quote Tax Deduction/Collection Account Number or quoting of false number in challans, certificates, statements or other documents referred to in Section 203A(2) |
₹ 10,000/- |
NOTE:
- No penalty shall be levied u/s. 221(1) if the assessee proves that the default was for good and sufficient reasons.
- No penalty is imposable for any failure u/ss. 271(1)(b), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271CA, 271D, 271E, 271F, 271FA, 271FB, 271FAB, 271G, 271GA, 271H, 271I, 271J, 272A(1)(c) or (d), 272A(2), 272AA(1), 272B, 272BB(1), 272BBB(1), 272BB(1A)(b), 273(1)(b), 273(2)(b) or (c) if the person or assessee proves that there was a reasonable cause for such failure (S. 273B).
- Penalty u/s. 271 can also be levied by Commissioner.
- Penalty u/s. 271(1) can be levied even if no tax is payable on the income assessed.
- No penalty shall be imposed u/s. 271AAA, if the assessee admits undisclosed income, substantiates the manner of deriving such undisclosed income and pays tax together with interest in respect of the undisclosed income. It will not be applicable for searches conducted on or after 1st July, 2012.
- From 1st October, 2014, Transfer Pricing Officer as referred to in section 92CA is also authorised to levy penalty under section 271G.