Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Penalty for tax default: assessing officer may impose capped penalties with hearing and refund if tax is reduced. When an assessee defaults in payment of tax, the Assessing Officer may direct a penalty in addition to arrears and interest, with further penalties for continuing default, but the total penalty cannot exceed the tax in arrears; the assessee must be given a reasonable opportunity of being heard and, if the default is shown to be for good and sufficient reasons, no penalty shall be levied; prior payment of tax does not by itself remove penalty liability; if a final order wholly reduces the tax, the penalty shall be cancelled and refunded.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty for tax default: assessing officer may impose capped penalties with hearing and refund if tax is reduced.
When an assessee defaults in payment of tax, the Assessing Officer may direct a penalty in addition to arrears and interest, with further penalties for continuing default, but the total penalty cannot exceed the tax in arrears; the assessee must be given a reasonable opportunity of being heard and, if the default is shown to be for good and sufficient reasons, no penalty shall be levied; prior payment of tax does not by itself remove penalty liability; if a final order wholly reduces the tax, the penalty shall be cancelled and refunded.
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