Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc.

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....hom 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 27[place or time; or]  2[****] 28[(d) fails to comply with a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or fails to comply with a direction issued under sub-section (2A) of section 142,]      he shall pay, by way of penalty, 3[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 pr....

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....cribed under sub-section (2A) of section 200 or sub-section (3A) of section 206C,] he shall pay, by way of penalty, a sum 12[of 30[five hundred rupees]] for every day during which the failure continues: 13[Provided that the amount of penalty for failures in relation to 14[a declaration mentioned in section 197A, a certificate as required by section 203 and] returns under sections 206 and 206C 15[and 26[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:] 23[Provided further that no penalty shall be levied under this section for the failure referred to in clause (k)....

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.... an Assistant Director 21[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.]     *************** NOTES:- 1. Substituted vide Section 110 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as,  "Penalty for failure to answer questions, sign statements, allow inspections, etc. 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 demanded of him by an Assessing Officer or a Deputy Commissioner (Appeals) or a Deputy Commi....

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.... the Deputy Commissioner (Appeals) by the Chief Commissioner or Commissioner or the Com­missioner (Appeals) or, as the case may be, the Deputy Commis­sioner (Appeals); (aa) in a case falling under clause (ba) of sub-section (2), by the Chief Commissioner or Commissioner; and (b) in any other case, by the Deputy Commissioner. (4) No order under this section shall be passed by any officer 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 officer." Earlier, Inserted vide Section 63 of the Taxation Laws (Amendment) Act, 1975 w.e.f. 01-04-1976 And was Amended vide Fifth Schedule of the Finance (No. 2) Act, 1977 w.e.....

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....09-2003 10. Inserted vide Section 56 of the Finance (No. 2) Act, 2004 w.e.f. 01-04-2005 11. Inserted vide Section 60 of the Finance Act, 2005 w.e.f. 01-06-2005 12. Substituted vide Section 88 of the Finance Act, 1999 w.e.f. 01-06-1999 before it was read as,  "which shall not be less than one hundred rupees, but which may extend to two hundred rupees," 13. Inserted vide Section 68 of the Finance (No. 2) Act, 1991 w.e.f. 01-10-1991 14. Inserted vide Section 62 of the Finance (No. 2) Act, 1998 w.e.f. 01-04-1999 15. Inserted vide Section 53 of the Finance Act, 2006 w.e.f. 01-06-2006 16. Substituted vide Section 3 of the Finance (No. 2) Act, 1998 w.e.f. 01-10-1998 before it was read as....