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Penalty under Income Tax Act 1961: Sections 158BFA(2)221(1), 271(1)(b), 271(1)(c), 271(1)(d), 271(4), 271A, 271AA, 271AAA, 271B, 271C, 271CA, 271D, 271E, 271F, 271FA, 271FB, 271G, 272A(1), 272A(2), 272AA, 272B, 272BB

The Income tax department can levy penalty under different sections against offenses or violations by the Assessee. It may be penalty against not payment of tax, not filing return, non appearance for case hearing etc. Various types of penalties under the Income tax Act 1961 are explained below.

 

 


1. Penalty Under Section 158BFA(2) of the Income Tax Act, 1961
The assessing officer or Commissioner of (Appeals) may levy penalty Under Section 158BFA(2) of the Income Tax Act 1961 in the following circumstances:

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.

Authority to levy penalty under Section 158FBA(2) of Income Tax Act 1961
Assessing Officer or Commissioner (Appeals) has the power to levy penalty under this section
 
Amount of Penalty under section 158FBA(2) of Income Tax Act 1961
Under this section Minimum amount of penalty is 100% & maximum amount is 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)

2. Penalty Under Section 221(1) of the Income Tax Act, 1961
Levy of penalty under this section is applicable when 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.

Authority to levy penalty under section 221(1) of Income Tax Act, 1961
The Assessing Officer has the authority to levy penalty under this section.

Amount of penalty under section 221(1) of Income Tax Act 1961
The amount should not exceed the tax amount in arrears but the penalty may be such amount as directed by Assessing Officer.


3. Penalty under section 271(1)(b) of the Income Tax Act 1961
Penalty may be levied under this section on the 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

Authority to levy penalty under section 271(1)(b) of Income Tax Act, 1961
The authority to levy penalty under this section is vested with the Assessing Officer or Commissioner or Commissioner (Appeals).

Amount of penalty under section 271(1)(b) of Income Tax Act 1961
Amount of penalty prescribed under this section is Rs. 10,000/- for each such failure.

4. Penalty under section 271(1)(c) of Income Tax Act, 1961
Penalty under this section can be levied in case of concealment of particulars of income or furnishing of inaccurate particulars of such income.

Authority to levy penalty under section 271(1)(c) of Income Tax Act, 1961
Penalty under this section can be levied either by the Assessing Officer or Commissioner or Commissioner (Appeals).

Amount of Penalty under section 271(1)(c) of Income Tax Act, 1961
Minimum amount of penalty under this section is 100% & maximum amount is 300% of the tax sought to be evaded.

5. Penalty under section 271(1)(d) of Income Tax Act 1961
Penalty under this section can be levied in case of Concealment of particulars of fringe benefits or inaccurate particulars of such fringe benefits,

Authority to levy penalty under section 271(1)(d) of Income Tax Act, 1961
Authority to levy penalty under this section vested to Assessing Officer or Commissioner or Commissioner (Appeals).

Amount of Penalty under section 271(1)(d) of Income Tax Act, 1961
Minimum amount of penalty under this section is 100% & maximum amount is 300% of the tax sought to be evaded.

6. Penalty under section 271(4) of the Income Tax Act, 1961
Penalty can be levied under this section in case of 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).

Authority to levy penalty under section 271(1)(4) of Income Tax Act, 1961
Authority to levy penalty under this section vests to Assessing Officer or Commissioner (Appeals).

Amount of Penalty under section 271(1)(4) of Income Tax Act, 1961
The amount of penalty under this section is a sum not exceeding 150% of the difference between the tax on partner's income assessed and income returned.


7. Penalty under section 271A of the Income Tax Act, 1961
Penalty under this section may be levied In case of 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.

 

 


Authority to levy penalty under section 271A of Income Tax Act, 1961
The Assessing Officer or Commissioner (Appeals) has the authority levy penalty under this section.

Amount of Penalty under section 271A of Income Tax Act, 1961
Amount of penalty may be a sum of Rs. 25,000/.

8. Penalty under section 271AA of the Income Tax Act, 1961
Penalty may be levied under this section in case of failure to keep and maintain any information or document in respect of international transaction as required by Section 92D(1) or (2) of the Income Tax Act, 1961.

Authority to levy penalty under section 271AA of Income Tax Act, 1961
Penalty under this section may be levied by the Assessing Officer or Commissioner (Appeals).

Amount of Penalty under section 271AA of Income Tax Act, 1961
Amount of penalty may be levied under this section is 2% of the value of each international transaction.

9. Penalty under section 271AAA of the Income Tax Act, 1961
Penalty may be levied under this section in case of undisclosed income found during Search initiated under section 132 on or after 1-6-2007 (Explanation to Section 271AAA)

Authority to levy penalty under section 271AAA of Income Tax Act, 1961
Penalty under this section may be levied by the Assessing Officer.

Amount of Penalty under section 271AAA of Income Tax Act, 1961
Penalty amount under this section may be:
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.


10. Penalty under section 271B of the Income Tax Act, 1961
Penalty may be imposed under this section in case of 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.

Authority to levy penalty under section 271B of Income Tax Act, 1961
Penalty under this section may be levied by the Assessing Officer.

Amount of Penalty under section 271B of Income Tax Act, 1961
Amount of penalty under this section may be 0.5% of the total sales, turnover or gross receipts Maximum Rs. 1,50,000/

11. Penalty under section 271BA of the Income Tax Act 1961
Penalty under this section may be levied in case of Failure to furnish a report from an accountant in respect of international transaction as required u/s. 92E.

Authority to levy penalty under section 271BA of Income Tax Act, 1961
Penalty under this section may be levied by the Assessing Officer.

Amount of Penalty under section 271BA of Income Tax Act, 1961
Penalty amount under this section may be a sum of Rs. 1,00,000/

12. Penalty under section 271C of the Income Tax Act 1961
Penalty may be levied under this section in the following circumstances:
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

Authority to levy penalty under section 271C of Income Tax Act, 1961
Penalty under this section may be levied by Joint Commissioner.

Amount of Penalty under section 271C of Income Tax Act, 1961
Penalty amount may be the Amount of tax not deducted or amount of tax not so paid as the case may be.

13. Penalty under section 271CA of the Income Tax Act, 1961
Penalty may be levied under this section in case of failure to collect whole or any part of tax at source (w.e.f. 1st April, 2007) U/Chapter XVII-BB

Authority to levy penalty under section 271CA of Income Tax Act, 1961
Penalty under this section may be levied by the Joint Commissioner of Income Tax.

Amount of Penalty under section 271CA of Income Tax Act, 1961
Amount of penalty under this section may be a sum equal to the amount of tax failed to collect.

14. Penalty under section 271D of Income Tax Act, 1961
Penalty may be levied under this section in case of 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

Authority to levy penalty under section 271D of Income Tax Act, 1961
Penalty under this section can be levied by the Joint Commissioner of Income Tax Act 1961.

Amount of Penalty under section 271D of Income Tax Act, 1961
Penalty amount under this section may be a sum equal to the amount of loan or deposit so taken or accepted.

15. Penalty under section 271E of Income Tax Act 1961
Penalty under this section may be levied in case of 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.

Authority to levy penalty under section 271E of Income Tax Act, 1961
Authority to levy penalty under this section is vested with Joint Commissioner.

Amount of Penalty under section 271E of Income Tax Act, 1961
Penalty amount under this section may be a sum equal to the amount of loan or deposit repaid.

16. Penalty under section 271F of Income Tax Act, 1961
Penalty under this section may be levied in case of 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.

Authority to levy penalty under section 271F of Income Tax Act, 1961
Authority vested with the Assessing Officer.

Amount of Penalty under section 271F of Income Tax Act, 1961
Penalty amount is a sum of Rs 5,000/-.

17. Penalty under Section 271FA of the Income Tax Act, 1961
Penalty may be levied under this section in case of failure to furnish annual information return required u/s. 285BA or failure to furnish such return within the time prescribed.

Authority to levy penalty under section 271FA of Income Tax Act, 1961
Authority vested with prescribed Income Tax authority.

Amount of Penalty under section 271FA of Income Tax Act, 1961
Penalty amount may be Rs. 100/- for every day during which failure continues.

18. Penalty under section 271FB of Income Tax Act 1961
Penalty under this section may be levied in case of failure to furnish fringe benefits return required u/s. 115WD (1) or failure to furnish such return within the time prescribed.

Authority to levy penalty under section 271FB of Income Tax Act, 1961
Authority to levy penalty vested with the Assessing Officer.

Amount of Penalty under section 271FB of Income Tax Act, 1961
Amount of penalty may be Rs. 100/- for every day during which failure continues.

19. Penalty under section 271G of Income Tax Act, 1961
Penalty under this section may be levied in case of failure to furnish any information or document as required by Section 92D(3) in respect of international transaction.

Authority to levy penalty under section 271G of Income Tax Act, 1961
Authority vested with the Assessing Officer or Commissioner (Appeals).

Amount of Penalty under section 271G of Income Tax Act, 1961
Amount of penalty may be 2% of the value of international transaction for each such failure.

20.Penalty under Section 272A(1) of Income Tax Act, 1961
Penalty under this section may be levied in case of failure to answer questions, sign statements or attend summons u/s. 131(1) to give evidence/ produce books of account or other documents.

Authority to levy penalty under section 272A(a) of Income Tax Act, 1961
Authority to levy penalty vested to Income Tax authority not lower in rank than a Joint Commissioner or a Joint Director.

Amount of Penalty under section 272A(1) of Income Tax Act, 1961
Penalty amount may be Rs. 10,000/- for each such default or failure.

21. Penalty under Section 272A(2) of Income Tax Act 1961
Penalty under this section may be levied in case of 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).

Authority to levy penalty under section 272A(2) of Income Tax Act, 1961
Authority to levy penalty vested with 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.

Amount of Penalty under section 272A(2) of Income Tax Act, 1961
Penalty amount may be 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 under sections 206 and 206C.

22. Penalty under Section 272AA of Income Tax Act 1961
Penalty under this section will be levied in case of failure to comply with the provisions of Section 133B (a general survey meant for collection of information

Authority to levy penalty under section 272AA of Income Tax Act, 1961
Authority vested with the Assessing Officer or Joint Commissioner or Assistant Director or Deputy Director.

Amount of Penalty under section 272AA of Income Tax Act, 1961
Maximum amount of penalty is up to Rs. 1,000/-.

23. Penalty under section 272B of Income Tax Act, 1961
Penalty under this section may be levied in case of 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.

Authority to levy penalty under section 272B of Income Tax Act, 1961
Authority vested with the Assessing Officer.

Amount of Penalty under section 272B of Income Tax Act, 1961
Penalty amount will be a sum of Rs. 10,000/-.

24. Penalty under Section 272BB of Income Tax Act 1961
Penalty may be levied under this section in case of failure to comply with the provisions of Section 203A (failure to obtain TAN including failure to quote the same) including quoting of false TAN.

Authority to levy penalty under section 272BB of Income Tax Act, 1961
Authority vested with the Assessing Officer

Amount of Penalty under section 272BB of Income Tax Act, 1961
Penalty amount can be a sum of Rs. 10,000/.

Explanations and Notes
Penalty cannot be levied u/s. 221(1), if the assessee proves that the default in making payment of tax was for good and sufficient reasons.

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.

Penalty cannot 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).

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).

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.

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.

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.

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.

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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