Income Tax Penalty Chart: Comprehensive Overview
Income tax penalties in India are imposed for non-compliance with various provisions of the Income Tax Act, 1961. These penalties can arise from issues such as late filing of returns, failure to pay taxes, incorrect reporting, or non-disclosure of income. Understanding the penalties associated with different compliance failures can help taxpayers avoid financial and legal repercussions.
This chart provides a detailed overview of the penalties applicable under various sections of the Income Tax Act.
Table of Contents
Introduction
Late Filing of Income Tax Returns
Failure to Pay Advance Tax
Underreporting of Income
Incorrect Filing of Returns
Non-Disclosure of Income
Failure to Maintain Books of Accounts
Penalties for Non-Compliance with TDS/TCS Provisions
Penalties for Tax Evasion
Conclusion
Introduction
Income tax penalties are enforced to ensure compliance with the tax laws and to penalize non-compliance or incorrect reporting. The penalties vary depending on the nature and severity of the violation. This chart outlines the penalties for common non-compliance issues as per the Income Tax Act, 1961.
Late Filing of Income Tax Returns
1. Penalty Under Section 234F
Applicability: For individuals, Hindu Undivided Families (HUFs), and other taxpayers failing to file their return of income by the due date.
Penalty Amount:
Up to ₹5,000: If the return is filed after the due date but before December 31 of the relevant assessment year.
₹10,000: If the return is filed after December 31 of the relevant assessment year.
₹1,000: For taxpayers with an income of up to ₹5 lakh, if the return is filed after the due date.
Note: Penalty is in addition to the interest under Section 234A for late filing.
Failure to Pay Advance Tax
2. Penalty Under Section 234B
Applicability: For taxpayers who do not pay the advance tax as required.
Penalty Amount:
Interest Rate: 1% per month or part thereof on the amount of advance tax payable, from April 1 of the assessment year until the date of payment of tax.
Underreporting of Income
3. Penalty Under Section 270A
Applicability: For underreporting of income or incorrect claim of deductions or exemptions.
Penalty Amount:
50% of Tax Payable: On the amount of income that is underreported.
Note: The penalty is applicable if the understatement of income exceeds ₹25 lakh.
Incorrect Filing of Returns
4. Penalty Under Section 271(1)(c)
Applicability: For concealing income or providing inaccurate particulars of income.
Penalty Amount:
Minimum: ₹10,000
Maximum: The penalty can be up to 100% to 300% of the tax sought to be evaded.
Non-Disclosure of Income
5. Penalty Under Section 271A
Applicability: For failure to maintain proper books of accounts and records.
Penalty Amount:
Minimum: ₹25,000
Maximum: Can vary based on the case specifics and the discretion of the assessing officer.
Failure to Maintain Books of Accounts
6. Penalty Under Section 271A
Applicability: For failure to maintain books of accounts as required under the Income Tax Act.
Penalty Amount:
Minimum: ₹25,000
Maximum: Can vary based on the nature of the failure and the discretion of the assessing officer.
Penalties for Non-Compliance with TDS/TCS Provisions
7. Penalty Under Section 271H
Applicability: For failure to deduct or pay Tax Deducted at Source (TDS) or Tax Collected at Source (TCS) and for non-filing of TDS/TCS returns.
Penalty Amount:
Minimum: ₹10,000
Maximum: ₹1,00,000
Additional Penalty: 1.5% per month of the amount of TDS/TCS that was not deposited.
Penalties for Tax Evasion
8. Penalty Under Section 276C
Applicability: For willful attempt to evade tax or any other offence related to tax evasion.
Penalty Amount:
Minimum: Imprisonment of 6 months to 7 years.
Maximum: Fine and imprisonment, depending on the severity of the evasion.
Conclusion
Income tax penalties are designed to enforce compliance with tax laws and ensure accurate reporting of income. Taxpayers should be aware of the various penalties that can apply to avoid unnecessary financial burden and legal complications. Proper planning, timely filing of returns, accurate reporting, and maintaining required documentation can help in avoiding these penalties.
For detailed guidance and assistance, consider consulting with a tax professional or advisor.
References
Income Tax Act, 1961 - Overview
Income Tax Department - Penalties and Provisions
Comments