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What is Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc? Section 272A of Income Tax Act 1961

Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc are defined under section 272A of Income Tax Act 1961. Provisions under this Section is:

Section 272A of Income Tax Act "Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc"

Section 272A. (1) If any person,-
(a) being legally bound to state the truth of any matter touching the subject of his assessment, refuses to answer any question put to him by an income-tax authority in the exercise of its powers under this Act; or

(b) refuses to sign any statement made by him in the course of any proceedings under this Act, which an income-tax authority may legally require him to sign; or

(c) to whom a summons is issued under sub-section (1) of section 131 either to attend to give evidence or produce books of account or other documents at a certain place and time omits to attend or produce books of account or documents at the place or time,
(d) -

he shall pay, by way of penalty, a sum of ten thousand rupees for each such default or failure.
(2) If any person fails-

(a) to comply with a notice issued under sub-section (6) of section 94; or
(b) to give the notice of discontinuance of his business or profession as required by sub-section (3) of section 176; or
(c) to furnish in due time any of the returns, statements or particulars mentioned in section 133 or section 206 or section 206C or section 285B; or

(d) to allow inspection of any register referred to in section 134 or of any entry in such register or to allow copies of such register or of any entry therein to be taken; or

(e) to furnish the return of income which he is required to furnish under sub-section (4A) or sub-section (4C) of section 139 or to furnish it within the time allowed and in the manner required under those sub-sections; or

 

(f) to deliver or cause to be delivered in due time a copy of the declaration mentioned in section 197A; or

(g) to furnish a certificate as required by section 203 or section 206C; or

(h) to deduct and pay tax as required by sub-section (2) of section 226;

(i) to furnish a statement as required by sub-section (2C) of section 192;

(j) to deliver or cause to be delivered in due time a copy of the declaration referred to in sub-section (1A) of section 206C;

(k) to deliver or cause to be delivered a copy of the statement within the time specified in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C;

(l) to deliver or cause to be delivered the statements within the time specified in sub-section (1) of section 206A;

[(m) to deliver or cause to be delivered a statement within the time as may be prescribed under sub-section (2A) of section 200 or sub-section (3A) of section 206C,]

he shall pay, by way of penalty, a sum of one hundred rupees for every day during which the failure continues:

Provided that the amount of penalty for failures in relation to a declaration mentioned in section 197A, a certificate as required by section 203 and returns under sections 206 and 206C and 98[statements under sub-section (2A) or sub-section (3) of section 200 or the proviso to sub-section (3) or under sub-section (3A) of section 206C] shall not exceed the amount of tax deductible or collectible, as the case may be:

Provided further that no penalty shall be levied under this section for the failure referred to in clause (k), if such failure relates to a statement referred to in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July, 2012.

(3) Any penalty imposable under sub-section (1) or sub-section (2) shall be imposed-

(a) in a case where the contravention, failure or default in respect of which such penalty is imposable occurs in the course of any proceeding before an income-tax authority not lower in rank than a Joint Director or a Joint Commissioner, by such income-tax authority;

(b) in a case falling under clause (f) of sub-section (2), by the 99[Principal Chief Commissioner or] Chief Commissioner or [Principal Commissioner or] Commissioner; and

(c) in any other case, by the Joint Director or the Joint Commissioner.

(4) No order under this section shall be passed by any income-tax authority referred to in sub-section (3) unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter by such authority.

Explanation.-In this section, "income-tax authority" includes a [Principal Director General or] Director General, 99[Principal Director or] Director, Joint Director and an Assistant Director or Deputy Director while exercising the powers vested in a court under the Code of Civil Procedure, 1908 (5 of 1908, when trying a suit in respect of the matters specified in sub-section (1) of section 131.

   
 

Income Tax Act 1961

What is Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc? Section 272A of Income Tax Act 1961

What is Penalty for failure to comply with the provisions of section 133B? What is Penalty for failure to comply with the provisions of section 139A? Section 272AA and 272B of Income Tax Act 1961

What is Penalty for failure to comply with the provisions of section 203A? Penalty for failure to comply with the provisions of section 206CA? Section 272BB and 272BBB of Income Tax Act 1961

What is False estimate of, or failure to pay, advance tax? What is Power to reduce or waive penalty, etc., in certain cases? Section 273 and 273A of Income Tax Act 1961

What is Power of [Principal Commissioner or] Commissioner to grant immunity from penalty? What is the meaning Penalty not to be imposed in certain cases? Section 273AA and 273B of Income Tax Act 1961

What is Procedure? What is Bar of limitation for imposing penalties? Section 274 and 275 of Income Tax Act 1961

What is Contravention of order made under sub-section (3) of section 132? What is Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132? Section 275A and 275B of Income Tax Act 1961

What is Removal, concealment, transfer or delivery of property to thwart tax recovery? What is Failure to comply with the provisions of sub-sections (1) and (3) of section 178? Section 276 and 276A of Income Tax Act 1961

What is Failure to comply with the provisions of sections 269UC, 269UE and 269UL? What is Failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B? Section 276AB and 276B of Income Tax Act 1961

What is Failure to pay the tax collected at source? What is Willful attempt to evade tax, etc? Section 276BB and 276C of Income Tax Act 1961

What is Failure to furnish returns of income? What is Failure to furnish return of income in search cases? Section 276CC and 276CCC of Income Tax Act 1961

What is Failure to produce accounts and documents? What is False statement in verification, etc? Section 276D and 277 of Income Tax Act 1961

 

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