Loading...

⚠ ✕
❮ 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 ✕
🔎 Filters / Advanced Search ❯
TEXT

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
    Act Rules Bills
    Legal and Administrative Framework Determining the Jurisdiction of Assessing Officers : Clause 242 o...
    Act Rules Bills
    Jurisdictional Architecture under the income tax : Clause 241 of the Income Tax Bill, 2025 Vs. Secti...
    Act Rules Bills
    Statutory Foundations of the Taxpayer's Charter : Clause 240 of the Income Tax Bill, 2025 Vs. Sectio...
    Act Rules Bills
    Power to issue instruction for the purpose of the proper administration of this Act : Clause 239 of ...
    Act Rules Bills
    Administrative Hierarchy under the Income Tax Law : Clause 238 of Income Tax Bill, 2025 Vs. Section ...
    Act Rules Bills
    Statutory Framework for Appointment of Income-tax Authorities : Clause 237 of Income Tax Bill, 2025 ...
    Act Rules Bills
    Hierarchy of Income-tax Authorities in India : Clause 236 of the Income Tax Bill, 2025 Vs. Section 1...
    Act Rules Bills
    Exclusion from the Indian Tonnage Tax Regime : Clause 234(4)-(7) of the Income Tax Bill, 2025 Vs. Se...
    Act Rules Bills
    Anti-Abuse Safeguards in the Indian Tonnage Tax Regime : Clause 234(1)-(3) of the Income Tax Bill, 2...
    Act Rules Bills
    Temporary Cessation and Qualifying Status under India's Tonnage Tax Regime : Clause 232(22)-(23) of ...
    Act Rules Bills
    Continuity of Tonnage Tax Benefits in Shipping Sector Demergers : Clause 233(5)-(6) of Income Tax Bi...
    Act Rules Bills
    Continuity of Tonnage Tax Benefits in Shipping Amalgamations : Clause 233(1)-(4) of the Income Tax B...
    Act Rules Bills
    Determination of Tonnage for Shipping Companies under Indian Tax Law : Clause 227(9) of the Income T...
    Act Rules Bills
    Compliance Requirements under India's Tonnage Tax Regime : Clause 232(21) of Income Tax Bill, 2025 v...
    Act Rules Bills
    Charter-in Limits under India's Tonnage Tax Regime : Clause 232(15)-(20) of the Income Tax Bill, 202...
    Act Rules Bills
    Minimum Training Mandates in India's Tonnage Tax Framework : Clause 232(12)-(14) of the Income Tax B...
    Act Rules Bills
    Evolving Compliance Obligations under the Tonnage Tax Scheme: Clause 232(1)-(11) of the Income Tax B...
    Act Rules Bills
    Examination of provision of Disqualification from Tonnage Tax Scheme : Clause 231(12) of the Income ...
    Act Rules Bills
    Examining Renewal Provisions for Tonnage Tax in Indian Shipping Taxation : Clause 231(10)-(11) of In...
    Act Rules Bills
    Duration and Cessation of Tonnage Tax Option : Clause 231(8)-(9) of the Income Tax Bill, 2025 Vs. Se...
❮
❯
❯❯
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
Act Rules Bills
Show AI Summary
Assessing Officer jurisdiction clarified: territorial nexus, strict time bars and internal administrative resolution govern assessment authority.
The clause anchors AO jurisdiction to the taxpayer's principal place of business, profession, or residence and empowers a specified income-tax authority to determine jurisdictional questions, with escalation to the Board where multiple authorities are involved. It mandates strict time limits for raising jurisdictional objections linked to notice service or assessment stages, requires AO referral of unresolved objections before completing assessment, and preserves AO powers over income arising within their area despite jurisdictional disputes.
Act Rules Bills
Show AI Summary
Centralized jurisdiction and delegation: Board directions reallocate tax authorities' powers, shaping jurisdictional clarity and administrative flexibility.
Clause 241 vests income-tax authorities with powers exercisable in accordance with directions issued by the Board, permits higher authorities to exercise functions of lower authorities, authorizes delegated written orders for subordinates, and sets jurisdictional criteria including territorial area, persons, classes of income and cases. It enables the Board to issue general or special orders empowering specified senior officers to perform others' functions, contains deeming provisions treating references to the Assessing Officer as references to substituted officers and removes certain approval requirements, and expands notification powers to prescribe the manner of returns and designate responsible authorities.
Act Rules Bills
Show AI Summary
Taxpayer's Charter mandated: statutory duty to adopt a charter, but enforceability and remedies remain undefined.
Clause 240 of the Income Tax Bill, 2025 and Section 119A of the Income-tax Act require the Central Board of Direct Taxes to adopt and declare a Taxpayer's Charter and empower the Board to issue orders, instructions, directions or guidelines for its administration. Both provisions mandate adoption while leaving substantive content, enforceability, remedies, review, and stakeholder consultation to the Board's discretion, creating interpretive issues concerning legal status, variability of protections, and mechanisms for accountability.
Act Rules Bills
Show AI Summary
Administrative instruction power guides tax authorities, subject to non interference in individual cases and parliamentary oversight.
Clause 239 grants the Board a broad administrative instruction power to issue binding orders and directions to income tax authorities for uniform administration, subject to safeguards: it cannot direct outcomes in individual cases or interfere with appellate discretion. The clause permits targeted interventions-general or special orders for assessment and collection, condonation of belated claims by non appellate authorities, and relaxation of deduction requirements where default is beyond the assessee's control and compliance occurs before completion of assessment-and requires reasons and parliamentary laying of certain relaxation orders.
Act Rules Bills
Show AI Summary
Control of tax authorities: Board may notify subordination of income-tax authorities, affecting jurisdiction and publication standards.
Clause 238 and Section 118 empower the Board to issue notifications directing that specified income-tax authorities be subordinate to other specified authorities; this confers broad administrative control over hierarchies and supervision while remaining subject to administrative-law limits. A key textual difference is Clause 238's omission of an explicit requirement for publication in the Official Gazette, raising questions about the formal mode of notification, transparency, and enforceability that subordinate rules or judicial interpretation should address.
Act Rules Bills
Show AI Summary
Appointment of income-tax authorities: Central Government retains primary power with controlled delegation and service-rule safeguards.
Clause 237 vests primary appointment authority for income-tax authorities in the Central Government while authorising delegation to the Board and specified senior officers for appointments below Deputy/Assistant Commissioner, and permits authorised income-tax authorities to appoint executive or ministerial staff, all subject to rules and orders regulating conditions of service and Board authorisation.
Act Rules Bills
Show AI Summary
Hierarchy of tax authorities clarified: consolidation and streamlined nomenclature aim to centralise appellate functions and improve clarity.
Clause 236 consolidates the hierarchy of income-tax authorities-from the Central Board of Direct Taxes to Inspectors and Tax Recovery Officers-streamlining nomenclature and grouping alternative designations. It notably omits Deputy Commissioners (Appeals), signalling possible consolidation of first-level appellate functions at higher levels, and leaves allocation of specific powers and appellate responsibilities to subordinate rules and notifications.
Act Rules Bills
Show AI Summary
Tonnage tax exclusion: anti abuse power to remove companies from the regime where transactions lack bona fide commercial purpose.
Clause 234(4)-(7) empowers the Assessing Officer to exclude a tonnage tax company by written order where transactions amount to an abuse of the tonnage tax scheme, operating retrospectively from the first day of the tax year in which the transaction was entered into; exclusion requires prior show cause notice and higher-level approval, and does not apply where the company satisfies the Assessing Officer that the transaction was a bona fide commercial arrangement not entered into for tax advantage.
Act Rules Bills
Show AI Summary
Anti-abuse safeguards in tonnage tax: exclusion applies where arrangements produce tax advantages for non-eligible activities.
Clause 234(1)-(3) excludes the tonnage tax scheme where a tonnage tax company is party to any transaction or arrangement that constitutes an abuse by resulting, or that would but for the clause have resulted, in a tax advantage for persons other than the tonnage tax company or for the company in respect of its non-tonnage activities. "Tax advantage" includes manipulation of expense or interest allowances or cost allocation affecting non-tonnage income or loss, and transactions producing more than ordinary profits from tonnage tax activities.
Act Rules Bills
Show AI Summary
Temporary cessation of operations preserves tonnage tax continuity, but temporary loss of qualifying status suspends benefits for that period.
A company is deemed to be operating a qualifying ship for tonnage tax purposes during periods of temporary cessation of operations, so long as the cessation is not permanent; however, a ship that temporarily ceases to meet the statutory criteria of a qualifying ship is excluded from qualifying status for the period of non-qualification and cannot attract tonnage tax benefits during that time.
Act Rules Bills
Show AI Summary
Continuity of tonnage tax benefits preserves scheme application for qualifying companies after demerger, subject to statutory conditions.
Where a demerged company transfers its business to a resulting company before expiry of its tonnage tax option, the tonnage tax scheme shall, subject to other provisions, apply to the resulting company for the unexpired period if it is a qualifying company; similarly, the demerged company retains its option for the unexpired period if it continues to be a qualifying company, with both continuities conditional on statutory eligibility, procedural compliance, and anti-avoidance requirements.
Act Rules Bills
Show AI Summary
Continuity of tonnage tax: amalgamated qualifying shipping companies retain the scheme subject to qualifying status and option deadlines.
Clause 233(1)-(4) secures continuity of the tonnage tax regime on amalgamation by applying the scheme to the amalgamated company if it remains a qualifying company, requiring non-tonnage amalgamated companies to elect the scheme within a prescribed short period, granting the amalgamated entity the longest unexpired option period when multiple merging companies are under the scheme, and excluding entities that failed to elect during the original implementation window from accessing the regime post-amalgamation.
Act Rules Bills
Show AI Summary
Tonnage determination by statutory certificates ensures objective tonnage income computation and limits administrative discretion, aligning with international practice.
The net tonnage for tonnage income must be determined from prescribed certificates: Indian ships by Merchant Shipping Rules or the 1969 Convention certificate as applicable; foreign ships by a DG Shipping licence reflecting Flag State tonnage certificates or other evidence acceptable to the DG; inland vessels by Inland Vessels Act, 2021 certificates. Reliance on statutory certificates is central, reducing subjective measurement and constraining administrative assessment to verification of certificate authenticity.
Act Rules Bills
Show AI Summary
Tonnage tax compliance: separate books and certified accountant's report required or tonnage tax option lapses for the year.
Clause 232(21) makes the tonnage tax option contingent, each year, on maintaining separate books of account for qualifying ship operations and on furnishing a prescribed, duly signed and verified accountant's report before the specified filing date; failure of either requirement renders the tonnage tax option ineffective for that tax year.
Act Rules Bills
Show AI Summary
Charter in cap limits chartered tonnage; breach triggers loss of tonnage tax benefit and possible scheme disqualification.
Clause 232(15)-(20) limits chartered in net tonnage for tonnage tax electors, requires assessment on average net tonnage with the averaging method prescribed in consultation with the Director General of Shipping, excludes bareboat charter cum demise vessels from charter in calculations, and prescribes loss of tonnage tax benefit for a year of breach and permanent cessation of the option after two consecutive years of breach.
Act Rules Bills
Show AI Summary
Minimum training requirement - automatic loss of tonnage tax eligibility after consecutive noncompliance; annual certification required with tax return.
Companies opting for the tonnage tax regime must train trainee officers as per guidelines of the Director-General of Shipping and furnish an annually issued compliance certificate in the prescribed form with their tax return; sustained non-compliance over consecutive years results in automatic cessation of the company's option for the tonnage tax scheme from the year following the concluding year of default. Delegation to the Director-General allows technical adaptability but leaves open statutory ambiguities on thresholds, partial compliance and transitional treatment.
Act Rules Bills
Show AI Summary
Tonnage Tax Reserve requirement ties tonnage tax access to reinvestment in qualifying shipping assets under the Bill.
Clause 232 conditions tonnage tax access on crediting a specified portion of book profit from qualifying shipping activities to a Tonnage Tax Reserve Account, usable within eight years for acquisition of a new ship or inland vessel; interim restrictions prevent distribution or foreign remittance, and proportional re taxation, carryforward rules, and cessation of the option after sustained default enforce compliance.
Act Rules Bills
Show AI Summary
Tonnage tax disqualification: companies face a ten-year bar on re-entry after opting out, default, or formal exclusion.
Clause 231(12) bars a qualifying company from opting for the tonnage tax scheme for ten years where the company: voluntarily opts out; defaults in complying with the specified compliance provisions; or has its option excluded by a formal exclusion order, with the disqualification period measured from the date of the triggering event.
Act Rules Bills
Show AI Summary
Tonnage tax renewal requires timely application and procedural parity with initial grant, subject to eligibility and potential ineligibility period.
Clause 231(10) requires renewal of an approved tonnage tax option within one year from the end of the tax year in which the prior option ceases, with renewal discretionary and subject to approval or refusal by the competent authority. Clause 231(11) imports sub sections (1) to (10) to apply equally to renewals, ensuring procedural parity-application format, eligibility checks, opportunity of being heard, timelines and cessation consequences-but leaves unresolved whether benefits continue during pendency or whether delayed applications may be condoned.
Act Rules Bills
Show AI Summary
Tonnage tax lock in establishes a multi year tenure and automatic cessation for qualification loss or compliance defaults.
Clause 231(8)-(9) provides that an approved tonnage tax option remains in force for ten years from the tax year of exercise, and ceases from the tax year in which the company ceases to qualify, defaults on compliance under section 232(1)-(20), is excluded under the exclusion provision, or voluntarily declares in writing to the Assessing Officer that the part will not apply; on cessation, shipping profits are computed under the general provisions of the Act.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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