Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Manuals Service Tax
    Whether service tax registration certificate is transferable? What are the consequences if business ...
    Manuals Service Tax
    Are there any different guidelines for registration of a single premises? if yes, what are the guide...
    Manuals Service Tax
    What are the principles for determining essential character of a product, in case they are naturally...
    Manuals Service Tax
    Whether service tax liability can be discharged by the agent, appointed by the service provider?
    Manuals Service Tax
    What is the liability /consequence if service tax payment has been made in wrong head?
    Manuals Service Tax
    Whether Service tax payment is allowed on cash receipt basis ? if yes, in what cases payment is allo...
    Case Laws Indian Laws
    Whether a circular contrary to the provisions of law is valid and enforceable in the eyes of law?
    Case Laws Central Excise
    Whether circulars are binding on Courts including High Court and Supreme Court?
    Case Laws VAT / Sales Tax
    Whether circulars are binding on Qusi judicial authorities? If Yes, to what extent and scope / limit...
    Case Laws Service Tax
    Whether components of a composite transaction amounting to supply of labour/rendition of service(s),...
    Notifications Service Tax
    Specified persons for the purpose of Advance Ruling u/s 96A of the Chapter V of the Finance Act, 199...
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Manuals Service Tax
Show AI Summary
Service tax registration non-transferability requires transferee to obtain immediate fresh registration certificate upon business transfer.
Service tax registration certificates are not transferable under rule 4(6) of the Service Tax Rules, 1994; upon transfer of business the transferee must obtain a fresh certificate and is to be treated as a new registrant rather than a continuation or renewal of the transferor's registration.
Manuals Service Tax
Show AI Summary
Single premises registration requires online ST 1 filing, two day grant, and mandatory PAN with document verification.
Registration for a single premises must be filed online via ACES using Form ST-1; registration is to be granted online within two days and electronic payment enabled. Within seven days of filing the applicant must post self attested documents to the Division for verification. PAN is mandatory for non government applicants; e mail and mobile number are compulsory. Required documents include PAN copy, identity/photograph of filer, proof of possession of premises, main bank account details, memorandum/articles or directors list, authorization for the filer, and existing business transaction numbers from other government agencies.
Manuals Service Tax
Show AI Summary
Essential character of a product determined by dominant cost component or defining functionality for classification.
Determination of the essential character of a bundled product relies on two main tests: cost allocation, where the component with the highest share of parts or manufacturing cost typically imparts essential character (as in Xerox India Ltd.), and functionality, where the component that confers defining physical or operational attributes supplies the product's identity (as in Bakelite Hylam Ltd.).
Manuals Service Tax
Show AI Summary
Agent discharge of service tax liability affirmed: agent payment treats provider's obligation as discharged, barring further adjudication.
The service provider's tax obligation may be discharged by an appointed agent because section 65(7) of the Finance Act defines the assessee to include an agent; when an agent pays the service tax on the provider's behalf, the provider's liability is treated as discharged and subsequent show-cause adjudication is not warranted.
Manuals Service Tax
Show AI Summary
Service tax payment under wrong head still discharges liability; misclassification does not negate tax payment responsibility.
Payment of service tax under an incorrect service classification does not, by itself, prevent the tax liability from being regarded as discharged; the essential consideration is that tax was remitted on behalf of the taxable activity, so recording the remittance under a different accounting head ordinarily cannot be used to deny satisfaction of the service tax demand.
Manuals Service Tax
Show AI Summary
Cash-basis service tax: optional payment on receipt for small providers and payment-trigger rules under reverse charge.
Individuals and partnership firms below a prescribed turnover threshold in the previous financial year may opt to pay service tax on taxable services in the current year on a cash-receipt basis for supplies up to that threshold, with tax due in the month or quarter in which payment is received. Under the reverse charge mechanism, the service recipient may also discharge tax on a payment-received basis, but if payment is not made within a specified period after the invoice date the point of taxation shifts to the date immediately following that period.
Case Laws Indian Laws
Show AI Summary
Departmental circulars conflicting with statutory law lack binding effect and cannot constrain judicial interpretation or review.
A departmental circular that furnishes an interpretation contrary to the provisions of law does not bind courts and cannot determine legal rights or obligations; administrative instructions must conform to statutory text, and a circular antagonistic to the statute is ineffective in judicial proceedings, as exemplified by the 1979 circular addressed in the authorities.
Case Laws Central Excise
Show AI Summary
Binding precedent: administrative circulars cannot override the Court's authoritative interpretation; courts must apply that law.
Administrative circulars cannot prevail over the law laid down by the highest court; courts and tribunals must apply the Court's authoritative interpretation. A protective rule preserved benefits already granted under exemption notifications from reopening, but did not permit adjudicative bodies to follow circulars in preference to the Court's decision where entitlement was contested and proceedings were pending.
Case Laws VAT / Sales Tax
Show AI Summary
Binding effect of government circulars: administrative clarifications do not bind courts or quasi judicial authorities and cannot create estoppel.
Government circulars and clarifications represent administrative understanding of statutory provisions and do not bind courts or quasi judicial authorities; they cannot create an estoppel against the statute and do not prevent recovery of tax lawfully leviable despite prior communications to taxpayers.
Case Laws Service Tax
Show AI Summary
Service elements in works contracts taxable when classifiable under construction or erection services, not limited to a new label.
Service elements within a composite works contract that correspond in nature to Commercial or Industrial Construction Service, Construction of Complex Service or Erection, Commissioning or Installation Service are taxable under those service heads; such service elements need not be classified exclusively under the subsequently inserted sub clause, and levy under the existing defined service categories is proper based on the substantive character of the activities.
Notifications Service Tax
Show AI Summary
Resident firm classification for advance ruling expands eligible applicants under service tax advance ruling framework.
Notification declares resident firm as a class of persons eligible for advance rulings under section 96A of the Finance Act, 1994 for service tax. It defines "firm" to include partnerships under the Indian Partnership Act, limited liability partnerships (including those without a company partner), sole proprietorships, and One Person Companies, and links the term "resident" to the meaning in the Income-tax Act as applicable to a resident firm.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

whatsapp Join Channel
Showing Results for : Reset Filters

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

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

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