FB 2018 Proposal to increased penalty under section 271FA to ensure compliance.

Relevant provisions

Section 271FA – Penalty for failure  to furnish  statement of financial transactions or  reportable accounts.

Section 285BA.

Increased penalty-

From Rs. one hundred per day to Rs. five hundred per day of delay in furnishing of a statement of financial transactions, without notice.

From Rs. five hundred to Rs. one thousand per day when a notice to file statement has been issued.

The object of proposed amendment is to ensure compliance of the reporting obligations

From THE FINANCE BILL, 2018

51. Amendment of section 271FA.

In section 271FA of the Income-tax Act,-

(a) for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted;

(b) for the words “five hundred rupees”, the words “one thousand rupees” shall be substituted. 

From notes:

 Clause 51of the Bill seeks to amend section 271FA of the Income-tax Act, relating to penalty for failure to furnish statement of financial transaction or reportable account.

The said section provides that if a person who is required to furnish the statement of financial transaction or reportable account under sub-section (1) of section 285BA, fails to furnish such statement within the prescribed time, he shall be liable to pay penalty of one hundred rupees for every day of default.

The proviso to the said section further provides that in case such person fails to furnish the statement of financial transaction or reportable account within the period specified in the notice issued under sub-section (5) of section 285BA, he shall be liable to pay penalty of five hundred rupees for every day of default.

It is proposed to amend the said section so as to increase the penalty from one hundred rupees to five hundred rupees and from five hundred rupees to one thousand rupees, for each day of continuing default.

This amendment will take effect from 1st April, 2018.

From Explanatory Memorandum

Penalty for failure to furnish statement of financial transaction or reportable account

Section 271FA of the Act provides that if a person who is required to furnish the statement of financial transaction or reportable account under sub-section (1) of section 285BA, fails to furnish such statement within the prescribed time, he shall be liable to pay penalty of one hundred rupees for every day of default.

The proviso to the said section further provides that in case such person fails to furnish the statement of financial transaction or reportable account within the period specified in the notice issued under sub-section (5) of section 285BA, he shall be liable to pay penalty of five hundred rupees for every day of default.

In order to ensure compliance of the reporting obligations under section 285BA, it is proposed to amend the Section 271FA so as to increase the penalty leviable from one hundred rupees to five hundred rupees and from five hundred rupees to one thousand rupees, for each day of continuing default.

These amendments will take effect from 1st April, 2018.

[Clause 51]