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Act Rules Income Tax
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Interest for defaults in payment of advance tax triggers monthly simple interest where advance payments fall short of assessed tax.
The provision charges simple interest where a taxpayer fails to pay advance tax or pays less than the safe harbour proportion of assessed tax, starting from 1 April following the tax year until determination of total income or completion of regular assessment. Interest is computed on assessed tax or the shortfall, with the assessed tax base reduced by specified items such as tax deducted/collected at source, reliefs and eligible tax credits; reassessment or recomputation increases or reduces interest accordingly and payments already made reduce liability.
Act Rules Income Tax
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Interest for defaults in furnishing return may accrue from differing start dates, altering the interest period and liabilities.
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Act Rules Income Tax
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Stay of recovery: mandatory pause during granted payment time and while appeal-linked reductions remain pending.
Section 415 requires the Tax Recovery Officer to grant time for payment and stay recovery during that period, and to stay recovery of any portion of a certificate corresponding to a reduced demand while related proceedings remain pending; where the order giving rise to the demand is modified and becomes final, the Officer must amend or cancel the certificate. The Act's enacted text links reductions specifically to modification of the order giving rise to the demand, narrowing the Bill's broader phrasing.
Act Rules Income Tax
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Payment deadline for tax demands triggers monthly interest and potential acceleration on instalment default, while relief may be available.
Clause 411 makes amounts in a notice of demand payable ordinarily within thirty days of service, permits the AO with Joint Commissioner approval to shorten that period, and charges simple monthly interest from the day after the due date until payment. The AO may extend time or allow instalments on timely application, but any instalment default accelerates the whole outstanding amount. Commissioners may reduce or waive interest for genuine hardship or circumstances beyond control, subject to cooperation and procedural safeguards. Where foreign law prevents remittance, the non remittable portion must not be treated as in default.
Act Rules Income Tax
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Advance tax obligation: taxpayers must self estimate income and pay instalments, with permitted adjustments to remaining payments.
Every person liable to pay advance tax must remit instalments based on the assessee's own estimate of current income (the specified sum) and the tax thereon, calculated by the prescribed method and paid at prescribed instalment percentages and due dates; taxpayers may increase or reduce amounts in remaining instalments to reflect revised estimates, and the clause itself defines specified sum but is silent on exceptions, enforcement, interest, penalties and procedural recordkeeping.
Act Rules Income Tax
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Withholding definitions expanded to include both incorrect deduction and collection rates, increasing administrative scrutiny of statements.
Section 402 provides the definitional framework for deduction and collection at source, specifying who is a person responsible for paying, buyer, seller and other categories, and defining transactional terms including rent, immovable property and digital-economy roles. The Act expands the concept of an "incorrect claim apparent from any information in the statement" to cover both incorrect rates of deduction and incorrect rates of collection, thereby enabling identification of filing errors from statements alone. Turnover thresholds and carve-outs determine when withholding obligations arise; several definitions rely on cross-references to external provisions.
Act Rules Income Tax
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Deemed assessee in default for non-deduction or non-collection of tax exposes deductors/collectors to interest and asset charge.
Failure to deduct, collect, or pay tax causes the person required to do so to be deemed an assessee in default, liable for interest on delayed deduction/collection and on delayed payment, and, where tax has been deducted or collected but not paid, the tax and interest form a statutory charge on all assets; a safe harbour exists if the recipient has filed a return, included the amount and paid tax and the deductor/collector produces the prescribed accountant's certificate, while penalty can be imposed only if the assessing officer is satisfied there were no good and sufficient reasons for the failure.
Act Rules Income Tax
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TAN/PAN compliance tightens reporting and mandates higher withholding where PAN is not furnished, while shortening correction windows.
Clause 397 mandates TAN application and mandatory TAN quoting by deductors/collectors, requires payees/payers to furnish a PAN (with enacted text adding a "valid" PAN requirement), prescribes higher withholding/collection rates where PAN is not furnished subject to enumerated exceptions, requires timely deposit of deducted/collected tax and filing of prescribed statements, provides a correction statement mechanism with a time limit, sets special reporting duties for payments to non residents and small interest payments by banks/co operatives/public companies, and preserves collector liability for unpaid but collectible tax.
Act Rules Income Tax
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Certificates for lower tax withholding enable AO-issued rates or nil deduction and proportionate nonresident withholding relief.
Clause creates an AO-issued certificate system permitting payees, buyers/licensees/lessees and payers to obtain prescribed-form certificates altering the rate (or, under the Act, rate or nil deduction) at which tax is deducted or collected; for non-salary payments to non-residents the payer may seek a proportionate determination of the taxable part; deductors/collectors must issue prescribed documentary certificates to deductees/collectees and the AO may cancel certificates after affording a reasonable opportunity, with detailed forms, validity and procedures left to rules.
Act Rules Income Tax
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Collection of tax at source: TCS on specified receipts with exemptions, non cumulation and documentation duties.
Clause 394 prescribes TCS on nine specified receipt types with collectors (sellers, authorised dealers, licensors/lessors) required to collect at prescribed rates at the earlier of debiting the buyer's account or receipt. Indian resident buyers may avoid collection by furnishing a prescribed declaration of end use; the enacted law imposes a delivery timeline for that declaration and adds an exemption for certain education loan funded remittances. The provision includes non cumulation rules to prevent duplicate collection and leaves procedural specifics to subordinate rules.
Act Rules Income Tax
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Section 393 prescribes a comprehensive TDS matrix covering payments to residents, non-residents and any person, listing payment categories, the person liable to deduct, rates or rates-in-force and monetary thresholds. Deduction is required at credit or payment, whichever is earlier, with specific precedence rules (notably for e-commerce) to prevent multiple deductions. The section contains carve-outs and nil-deduction declaration mechanisms subject to conditions and reporting; operational guidance emphasises mapping payments to entries, retaining declarations and ensuring tax on mixed cash and in-kind transactions before release.
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Act Rules Income Tax
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Withholding tax and advance payments operate independently of assessment, securing provisional tax credits and rule making authority.
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Procedure on receipt of application: Board must forward application, call records, hear applicant, and issue certified rulings promptly.
Clause 384 requires the Board for Advance Rulings to forward an application to the Principal Commissioner/Commissioner, call for relevant records, and, after examining the application and records, either allow or reject the application by order. Mandatory rejection grounds include pending proceedings before tax authorities or tribunal, questions on fair market value, and transactions prima facie for tax avoidance, subject to exceptions. Rejection cannot occur without offering an opportunity to be heard and recording reasons; allowed applications must receive a written ruling within the prescribed timeframe and certified copies are to be transmitted to the applicant and assessing officer.
Act Rules Income Tax
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Advance ruling application procedure: removal of copy requirement and fee benchmark increases administrative flexibility for applicants.
Applications for an advance ruling must be made in the form and manner, and accompanied by the fee, as prescribed, with an applicant permitted to withdraw the application within thirty days; the provision delegates prescription of form, manner and fee to subordinate rules, and the enacted text removes a quadruplicate filing requirement and a fixed monetary benchmark previously stated in the Bill, thereby increasing administrative flexibility while placing compliance dependence on subsequent rules.
Act Rules Income Tax
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Revision of orders prejudicial to revenue empowers Competent Authority to revisit AO/TPO orders and direct fresh assessments.
The Competent Authority may call for and examine records of any proceeding and, if satisfied an AO or Transfer Pricing Officer's order is erroneous and prejudicial to revenue, may revise that order after giving the assessee an opportunity of being heard and making such inquiry as necessary; revision can enhance, modify, cancel or direct a fresh assessment, extends to AO/TPO functions and matters not decided in appeal, and is subject to a two-year limitation with specified exclusions and an exception to give effect to appellate findings.
Act Rules Income Tax
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Identical question procedure: deferral and preservation of departmental appeals pending a controlling higher court decision.
The provision creates an administrative mechanism where a Board specified collegium may determine that an identical question of law is pending in another case before a High Court or the Supreme Court and, on that basis, direct restraint from immediate departmental appeal while requiring a prescribed application to preserve the right to appeal later; if the assessee accepts identity the Assessing Officer files the application, otherwise the department proceeds with ordinary appeals, and subsequent appeals may be filed if the higher court decision does not sustain the earlier favourable order.
Act Rules Income Tax
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Identity of question of law enables taxpayer to seek application of pending higher-court decision and waive further appeals.
Section 375 provides an overriding procedure by which an assessee may declare that a question of law in a relevant tax-year is identical to a question pending in another case before specified higher fora; upon a prescribed declaration and, where applicable, a report and hearing involving the Assessing Officer, the assessing or appellate authority may admit or reject the claim by final written order and, if admitted, may dispose of the relevant case and later apply the final decision in the other case by amending earlier orders in conformity.
Act Rules Income Tax
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Appealability to Joint Commissioner (Appeals) expanded to include deductors and collectors, broadening standing to challenge subordinate tax orders.
Appealability to the Joint Commissioner (Appeals) covers specified subordinate Assessing Officer orders-intimations involving adjustments, assessment, reassessment, recomputation, specified assessment orders, penalties, and amendments thereto-with appeals barred if the impugned order was passed by or with prior approval of an authority above Deputy Commissioner. The enacted text expands standing to include deductors and collectors alongside assessees, clarifies objection language regarding adjustments, provides transfer powers between appellate authorities with a rehearing right on transfer, and permits Central Government schemes and Board exemptions to alter procedural or jurisdictional application.
Act Rules Income Tax
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Related-person tests broadened to include relatives' concerns and donor-threshold triggers, expanding scrutiny over non-profit transactions.
Section 355 defines terms governing registered non-profit organisations and related actors, including anonymous donation, approval, donation, commercial activity, registration, registered non-profit organisation, related person, relative, residual income, specified asset, specified person, specified provision, substantial interest and value. The definitions establish donor-based related-person thresholds, treat fee-for-service activities as commercial activity irrespective of income application, set a twenty-percent threshold for substantial interest in companies and concerns, and attribute specified assets based on acquisition source and timing, with certain carve-outs and cross-references to other Act provisions.

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Comparison of section 455 "Penalty for furnishing inaccurate statement of financial transaction or reportable account." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

16 September, 2025

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Section 455 Penalty for furnishing inaccurate statement of financial transaction or reportable account.

Income-tax Act, 2025

At a Glance

Clause 455 of the Income Tax Bill, 2025 - (Old Version). It sets penalties for furnishing inaccurate statements of financial transactions or reportable accounts by persons required to file such statements, and additional per-account penalties on reporting financial institutions where inaccuracies arise. It affects taxpayers, reporting financial institutions, and the tax department. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 455 is linked to section 508 of the same Bill (referenced repeatedly). The clause is placed under the PENALTIES chapter and is titled "Penalty for furnishing inaccurate statement of financial transaction or reportable account." The provision targets persons required to furnish statements u/s 508(1) and reporting financial institutions referred to in section 508(1)(k). The clause provides monetary penalties and post-payment recovery rights for reporting financial institutions.

Definitions or explanatory material: Not stated in the document. The text assumes the reader understands terms such as "prescribed income-tax authority," "reporting financial institution," "statement," "reportable account," and the cross-referenced provisions in section 508.

Statutory Provision Mode

Text & Scope

Clause 455(1): The prescribed income-tax authority referred to in section 508 may direct that a person required to furnish a statement u/s 508(1) shall pay a penalty of fifty thousand rupees where either (a) the person provides inaccurate information in the required statement or fails to furnish correct information within the period specified u/s 508(8); or (b) the person fails to comply with the due diligence requirement u/s 508(9).

Clause 455(2): The prescribed income-tax authority referred to in section 508 may direct that a reporting financial institution referred to in section 508(1)(k) shall, in addition to any penalty under sub-section (1), pay a sum of five thousand rupees for every inaccurate reportable account where (a) the institution provides inaccurate information in the statement required u/s 508(1); and (b) the inaccuracy is due to false or inaccurate information furnished by the holder(s) of the relevant reportable account(s).

Clause 455(3): The reporting financial institution is entitled to either (a) recover the amount paid under sub-section (2) on behalf of the reportable account holder; or (b) retain an amount equal to the sum so paid out of any moneys in its possession or which may come to it from the relevant account holder(s).

Interpretation

Legislative intent and interpretive principles indicated by the text: The clause seeks to penalise both the reporting obligation and failures of due diligence, while also recognising a secondary liability for the reporting financial institution when inaccuracies arise due to account-holders' false information. The separate per-account monetary penalty under sub-section (2) indicates a legislative aim to calibrate penalties to the quantum of inaccurate accounts, creating a specific deterrent for systemic or repeated inaccuracies. The provision of recovery/retention rights under sub-section (3) demonstrates an intent to allow financial institutions to pass on the burden to the account-holder responsible for the inaccuracy.

Exceptions/Provisos

No explicit exceptions, provisos or thresholds beyond the conditions in sub-section (2)(b) are provided in the text. The clause ties the imposition of the per-account penalty to the causation proviso that the inaccuracy must be due to false or inaccurate information furnished by the account-holder(s). Other carve-outs or mitigations are Not stated in the document.

Illustrations

  • Example 1: A person required to furnish a report u/s 508(1) submits a statement with inaccurate transaction details. If the prescribed authority finds the inaccuracy or the person fails to correct the information within the period u/s 508(8), the authority may direct a penalty of Rs.50,000 on that person. (This follows clause 455(1)(a)).
  • Example 2: A reporting financial institution furnishes a list of reportable accounts u/s 508(1) and some accounts contain incorrect residency information provided by the account-holders. If the inaccuracy stems from false information provided by the account-holders, the authority may direct the institution to pay Rs.5,000 per inaccurate reportable account; the institution may then recover that amount from the respective account-holders or retain it from funds attributable to them. (This follows clause 455(2)-(3)).
  • Example 3: A person fails to conduct the due diligence required u/s 508(9). The prescribed authority may impose the Rs.50,000 penalty under clause 455(1)(b). Further clarifying facts (e.g., scale of failure) are Not stated in the document.

Interplay

The clause explicitly cross-references section 508(1), section 508(1)(k), section 508(8) and section 508(9). The substantive application therefore depends on definitions, thresholds, due-diligence standards, timelines and the identity of "prescribed income-tax authority" as set out in section 508. Any rules, notifications or circulars that operationalise section 508 are not cited in this clause and are Not stated in the document. The clause does not specify procedures for adjudication, appeal, mitigation, or compounding of the penalty; such mechanisms are Not stated in the document.

Differences Between the Two Provisions and Practical Impact

Comparison of Section 455 of the Income-tax Act, 2025 with Clause 455 of the Income Tax Bill, 2025 - (Old Version) shows one substantive drafting change in the authority exercised under sub-section (2):

  • Authority wording in sub-section (2):
    • Bill (Old Version): uses "may direct that a reporting financial institution... shall... pay a sum of five thousand rupees for every inaccurate reportable account".
    • Act (Section 455): uses "shall direct that a reporting financial institution... shall, in addition to the penalty under sub-section (1) of this section, if any, pay a sum of Rs.5000 for every inaccurate reportable account".
  • Other language and monetary quantum (Rs.50,000 and Rs.5,000) are identical in substance and placement; sub-section numbering and cross-references mirror each other otherwise.

Practical impact of this change:

  • The change from "may direct" (discretionary) in the Old Version to "shall direct" (mandatory) in the enacted Section 455 makes the imposition of the Rs.5,000 penalty on reporting financial institutions mandatory where the statutory preconditions in sub-section (2)(a) and (b) are met. Under the Bill's language, the authority could choose whether to impose that additional penalty; under the enacted provision, the authority must impose it.
  • This increases certainty of liability for reporting financial institutions and reduces administrative discretion of the prescribed income-tax authority in respect of the additional per-account penalty. It may lead to more predictable enforcement outcomes, higher aggregate penalties collected, and a stronger compliance incentive for financial institutions to verify account-holder information or seek recovery from account-holders promptly.
  • Other practical consequences (e.g., recovery and retention rights in sub-section (3), and primary penalty under sub-section (1)) remain the same in text and effect between the two versions.

Practical Implications

  • Compliance and risk areas: Persons required to furnish statements u/s 508(1) face a significant fixed penalty (Rs.50,000) for inaccuracies or failures to correct within the specified period, and for non-compliance with due diligence obligations. Reporting financial institutions face an additional per-account risk (Rs.5,000 per inaccurate reportable account) where inaccuracies stem from account-holder-supplied false information. This combination raises exposure for both filing entities and intermediaries.

  • Record-keeping/evidence points: To resist or mitigate penalty directions, persons and institutions will need contemporaneous records of information verification, steps taken to correct inaccuracies (including dates and communications u/s 508(8)), due-diligence checklists and outcomes u/s 508(9), and documentation showing the source of account-holder information. The clause explicitly permits recovery by institutions from account-holders; institutions should therefore maintain contractual and transactional records enabling such recovery. The necessity and particulars of these records are implied by the text; detailed formats or retention periods are Not stated in the document.

Key Takeaways

  • Clause 455 imposes a Rs.50,000 penalty for furnishing inaccurate statements or failing to comply with due diligence u/s 508.
  • It provides an additional, per-account penalty of Rs.5,000 against reporting financial institutions for each inaccurate reportable account where inaccuracy is caused by false or inaccurate information from account-holders.
  • Reporting financial institutions are statutorily entitled to recover or retain sums paid under the per-account penalty from the relevant account-holders.
  • The clause links penalty liability to procedural timelines and due-diligence requirements in section 508; detailed mechanics for those cross-referenced provisions are Not stated in the document.
  • The Bill-version used "may direct" for the per-account penalty, whereas the enacted Section 455 makes imposition mandatory ("shall direct"): this change increases enforceability and reduces administrative discretion. (This difference is observed by comparison with the enacted provision at the source URL referenced separately.)
  • No appeal, compounding, or remission procedures are specified in the clause; these aspects are Not stated in the document.

Full Text:

Section 455 Penalty for furnishing inaccurate statement of financial transaction or reportable account.

Topics

Acts Income Tax