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Offences and Prosecutions under the Income Tax Act

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Offences and Prosecutions under the Income Tax Act.  This is a summarized sheet containing the Offences & Prosecutions under the Income Tax Act. Apart from penalty for various defaults, the Income-tax Act also contains provisions for launching prosecution proceedings against the taxpayers for various offences. In this part you can gain knowledge about the various provisions relating to prosecution which can be launched under the Income-tax Act. Now you can scroll down below n check more details for “Offences and Prosecutions under the Income Tax Act”

Offences and Prosecutions under the Income Tax Act

Offences and Prosecutions under the Income Tax Act

Section No. Particulars Penalty/ Imprisonment
275A Contravention of order made under the second proviso to sub-section (1) or sub- section (3) of section 132 regarding search and seizure Upto 2 Years (+) fine
275B Failure to afford the authorized officer the necessary facility to inspect the books of account or other documents as  required under section 132(1)(iib) Upto 2 years (+) fine
276 Removal, concealment, transfer or delivery  of property to thwart tax  recovery Upto 2 years (+) fine
276A Failure to comply with the provisions of section 178(1) and  (3)  regarding  company in liquidation or parting with any  of  the  assets of the company or  the  properties in his hands in contravention of the provision    of sections 178(1) and  (3). 6 months to 2 years
276AB 276AB surrendering of property to Central Government as required by (i) section 115-O(2); or (ii) Second proviso to section  194B 6 months to 2 years
276B Failure to pay to the  Central  Government, tax deducted under the provisions  of  Chapter  XVII-B  or  the  tax  payable  by him 3 months to 7 years (+) fine
276BB Failure to pay to the  Central  Government  tax collected under section  206C 3 months to 7 years (+) fine
276C(1) Wilful attempt to evade tax, penalty or interest. Evaded tax exceeding 25

lakhs: 6 months to 7 years  (+)  fine Other cases: 3

months to  2 years (+) fine

276C(2) Wilful attempt to evade payment of tax, penalty or interest. 3 months to  2  years (+) fine, at the discretion of the court.
276CC Wilful failure to furnish in  due  time a  return of income u/s 139(1) or u/s 142(1)(i) or u/s 148 or u/s  153A.

Note: If return of income under section 139(1) is furnished before expiry of the assessment year or the tax payable by  him on the total income determined on regular assessment reduced by advance tax and  TDS does not exceed ` 3000 – No prosecution.

Evaded      tax exceeding  25  lakh: 6 months to 7 years  (+)  fine Other cases: 3 months   to  2 years (+) fine
276D

 

Willful failure to produce accounts and documents under section 142(1)/  142(2A) Up to one year (+) fine
277 False statements in verification. Evaded tax exceeding  25 lakh: 6 months  to  7 years (+) fine

In other cases: 3 months to 2 years (+) fine

277A Falsification of books or documents, etc. to induce or abet any person to evade any tax, penalty or interest chargeable or imposable under the Act. It is not necessary to prove  that the other person has actually  evaded any tax, penalty or interest chargeable or imposable under the Act for the purpose of establishing the charge under this  section. Imprisonment of 3 months to 2 years (+) fine
278 Abetment of false return etc. (relating to any income chargeable to tax) Evaded tax exceeding 25 lakhs: 6 months to 7 years (+) fine

In other cases: 3 months to 2 years (+) fine

278A Second and subsequent offences under section 276B, 276C(1), 276CC, 276DD,  276E, 277, 278. 6 months to 7 years for every subsequent offence (+) fine
280(1) Disclosure of particulars by  public  servants in contravention of Section 138(2). Prosecution after previous sanction  of Central Government under section  280(2). Up to 6 months (+) fine

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About CA Ridhi Dhoot

The writer is a Chartered Accountant & a Licentiate Company Secretary. You can reach out to her at [email protected]

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