Penalties under income tax act

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)

15 June 2013  

Given below is the chart which shows Section Under Which Penalty can be imposed, Nature of Default and Quantum of penalty.

PENALTIES UNDER INCOME TAX ACT

Section

Nature of Default

Quantum of penalty

NON PAYMENT

221(1)

Tax payments including  Self Assessment Tax

Amount of tax in arrears

Failure to comply

271(1)(b)

with the notice u/S 115WD(2)/ 115WE(2)/ 143(1)/ 142(2)

Rs. 10,000 of each failure

271(1)(b)

with direction u/s 142(2A) to get audited

Rs. 10,000 of each failure

272A (1)

Failure to answer questions or sign statements

Rs. 10,000 of each failure

Concealment

271(1)(c)

Concealment of income or inaccurate particulars

100 % to 300 % of tax sought to be evaded

271AAA

Undisclosed income found during search intimation u/s 132

10% of undisclosed income

Book, Audit ,loans

271A

Failure to maintain books or documents u/s. 44AA.

Rs. 25,000

271B

Failure to get accounts audited  u/s. 44AB.

0.5% of total sales, or Rs.1,50,000 whichever is less

271D

Taking loan in contravention of Sec. 269SS

Equal to amount of loan  taken

271E

Repayment of loan in contravention of Sec. 269T

Amount of deposit or repaid

271F

Failure to furnish Return of Income

Rs. 5,000

International transactions

271AA

Failure to keep and maintain information and documents u/s. 92D.

2%  of value

271BA

Failure to furnish a report as required u/s. 92E.

Rs. 1,00,000

TDS

271C

Failure to deduct TDS in full and part

Equal to the amount failed to be deducted

271CA

Failure to collect TDS in full and part

Equal to the amount failed to be collected

272BB(1A)

Quoting false TAN in challan/ statements

Rs. 10,000

272BB(1)

Failure to apply for TAN

Rs. 10,000

271H

Failure to furnish e TDS statement

Rs 10,000 to 1 lacks

272A(2) (g)

Failure to furnish TDS certificate

Rs 100 per day .

272A(2)

Failure to comply with department letter

Rs. 100 for every day during which the failure continues.

272AA(1)

Failure to furnish information required u/s. 133B

Rs. 1,000

272B

Failure to apply for PermanentAccount Number (PAN)

Rs. 10,000

272BBB

Failure to apply for Tax Collection Account No. (TCN)

Rs. 10,000

Given below is the chart which shows Section Under Which Penalty can be imposed, Nature of Default and Quantum of penalty.

PENALTIES UNDER INCOME TAX ACT

Section

Nature of Default

Quantum of penalty

NON PAYMENT

221(1)

Tax payments including  Self Assessment Tax

Amount of tax in arrears

Failure to comply

271(1)(b)

with the notice u/S 115WD(2)/ 115WE(2)/ 143(1)/ 142(2)

Rs. 10,000 of each failure

271(1)(b)

with direction u/s 142(2A) to get audited

Rs. 10,000 of each failure

272A (1)

Failure to answer questions or sign statements

Rs. 10,000 of each failure

Concealment

271(1)(c)

Concealment of income or inaccurate particulars

100 % to 300 % of tax sought to be evaded

271AAA

Undisclosed income found during search intimation u/s 132

10% of undisclosed income

Book, Audit ,loans

271A

Failure to maintain books or documents u/s. 44AA.

Rs. 25,000

271B

Failure to get accounts audited  u/s. 44AB.

0.5% of total sales, or Rs.1,50,000 whichever is less

271D

Taking loan in contravention of Sec. 269SS

Equal to amount of loan  taken

271E

Repayment of loan in contravention of Sec. 269T

Amount of deposit or repaid

271F

Failure to furnish Return of Income

Rs. 5,000

International transactions

271AA

Failure to keep and maintain information and documents u/s. 92D.

2%  of value

271BA

Failure to furnish a report as required u/s. 92E.

Rs. 1,00,000

TDS

271C

Failure to deduct TDS in full and part

Equal to the amount failed to be deducted

271CA

Failure to collect TDS in full and part

Equal to the amount failed to be collected

272BB(1A)

Quoting false TAN in challan/ statements

Rs. 10,000

272BB(1)

Failure to apply for TAN

Rs. 10,000

271H

Failure to furnish e TDS statement

Rs 10,000 to 1 lacks

272A(2) (g)

Failure to furnish TDS certificate

Rs 100 per day .

272A(2)

Failure to comply with department letter

Rs. 100 for every day during which the failure continues.

272AA(1)

Failure to furnish information required u/s. 133B

Rs. 1,000

272B

Failure to apply for PermanentAccount Number (PAN)

Rs. 10,000

272BBB

Failure to apply for Tax Collection Account No. (TCN)

Rs. 10,000