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Penalty for non-furnishing by eligible investment funds may be imposed as a fixed sanction for late or missing reports.
The provision authorises the prescribed income tax authority to direct an eligible investment fund to pay a fixed penalty of five lakh rupees where the fund fails to furnish a required statement, information or document within the time prescribed under the referenced provision; the sanction is discretionary and the text contains no exceptions, mitigation procedures or notice stages in the extract provided.
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The provision imposes a continuing daily monetary penalty, to be levied by the Assessing Officer, for failure to provide facilities to accept payments through prescribed electronic modes; the Bill included a proviso allowing avoidance of the penalty on proof of good and sufficient reason, but the enacted text omits that proviso, leaving key definitions, evidentiary standards, and procedural modalities unspecified.
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Section 451 authorises the Assessing Officer to impose a penalty equal to the sum received by a person in contravention of the relevant statutory provision; the earlier Bill expressly allowed escape if the recipient proved "good and sufficient reasons," but the enacted text omits that proviso, leaving the ambit of any exception, standards for evaluation, and the character of assessing discretion unspecified.
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A discretionary penalty applies where assessed income includes categories of unexplained or undisclosed receipts imported by reference to existing provisions; it is levied as a percentage of the tax payable under the withholding-tax provision, is additional to that tax, is not imposed if the income was included in the return and the withholding tax paid within the relevant year, and cannot be duplicated by another penalty for the same income. The enacted text omits an explicit cross-application of existing procedural penalty machinery, creating procedural uncertainty.
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Clause 439 creates a penalty regime for under reporting and aggravated misreporting during tax proceedings by defining deemed under reporting events, prescribing formulae to compute under reported income (including interactions with deemed total income rules), allocating additions across years to prevent double counting, listing exceptions where penalties will not apply, enumerating aggravating misreporting acts that attract higher sanctions, and requiring that penalty be imposed by written order of the Competent Authority.
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Interest on refunds: entitlement to monthly simple interest and additional annual interest where orders trigger refunds.
Interest on refunds is payable as simple interest at a monthly rate from specified starting dates determined by refund source (tax collected at source/advance tax/treatment as paid; tax paid under specified provisions; excess payments under demand notices), with an additional annual interest where refunds follow certain appellate or rectification orders. Periods attributable to the assessee/deductor are excluded; immaterial refunds below a threshold do not attract interest for defined categories; interest is adjusted if subsequent orders change the underlying amount and assessing officers may demand excess interest.
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Act Rules Income Tax
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Daily fee for delayed tax statements requires prepayment before filing and is capped at the tax collectible amount.
A mandatory daily fee applies where a person fails to deliver a prescribed statement of tax deducted or collected at source within the time prescribed in a cross referenced subsection; the fee accrues each day until compliance, is capped so it does not exceed the amount of tax deductible or collectible for the period, and must be paid before delivering the delayed statement, without prejudice to other liabilities under the Act.
Act Rules Income Tax
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Advance tax interest rules require instalment-specific payments; shortfalls attract staged interest and safe harbour thresholds for compliance relief.
Section 425 imposes interest where advance tax instalments fall short of prescribed percentages by due dates, tying liability to tax due on the returned income. It prescribes staged instalment percentages and graduated interest on interim versus final shortfalls, provides two early safe harbour minima that eliminate interest if met, treats certain classes (profits declared under specified entries) with a distinct simple interest rule for the final instalment, and exempts shortfalls from interest for specified late arising incomes if taxed by later instalments or by 31 March.
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.
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Section 423 charges simple interest for defaults in furnishing returns by applying a formula based on a tax base "A" and a period "T", with a Table linking specific filing or non-filing scenarios to starting and ending events for the interest period, reductions of the tax base by a prescribed definition of "tax paid", and provisions for adjustment (notice of demand or refund) where post-assessment orders change the tax on which interest is calculated.
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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.
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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.
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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.
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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.

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Comparison of SCHEDULE XI "RECOGNISED PROVIDENT FUNDS" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

18 September, 2025

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SCHEDULE XI - RECOGNISED PROVIDENT FUNDS

Income-tax Act, 2025

At a Glance

These two texts are versions of Schedule XI dealing with recognised provident funds, approved superannuation funds and gratuity funds: Document 1 is titled "SCHEDULE-XI of Income-tax Act, 2025" (Act version) and Document 2 is titled "Income Tax Bill, 2025 - Old Version" (Bill - old). They are largely congruent substantively but contain drafting differences: textual refinements, cross-reference variations, and at least one change in statutory reference governing "Government securities." Impacted parties include employers, trustees of funds, employees participating in such funds, tax authorities and the Board (Rule-making body). No effective date is stated in the texts provided.

Background & Scope

Statutory hook: Schedule XI [See section 2(91)] (recognised provident funds; approved superannuation and gratuity funds) as part of the Income-tax law corpus. The Schedule sets out recognition/approval regimes, definitions, conditions for recognition/approval, tax treatment of contributions/accumulations, reporting and procedural obligations, powers of the Board to make rules, and appeals against adverse administrative orders. Definitions provided include "approving authority", "employer", "employee", "contribution", "balance to the credit of an employee", "annual accretion", "accumulated balance due to an employee", "regulations of a fund" and "salary". No definitions of "Board", "Fund Commissioner" or effective dates are provided within the Bill text.

Statutory Provision Mode

Text & Scope

The document is SCHEDULE-XI concerning recognised provident funds, approved superannuation funds and gratuity funds. It is presented as Part A (Recognised Provident Funds), Part B (Approved Superannuation Funds and Gratuity Funds), and Part C (rule-making powers). The Schedule operates under the Income Tax Bill/Act framework (See section 2(91)). Coverage extends to recognition and approval of funds, conditions for recognition/approval, tax treatment of contributions, interest and accumulated balances, accounts and reporting requirements, appeals against recognition/approval decisions, and Board rule-making powers. The Schedule excludes funds governed by the Provident Funds Act, 1925.

Interpretation

The text frames legislative intent to regulate tax consequences of employer and employee contributions to employment-related retirement funds while permitting administrative oversight through an "approving authority" (Principal Chief Commissioner/Chief Commissioner/Principal Commissioner/Commissioner) and rule-making by the Board. The drafting emphasises:

  • Recognition/approval is discretionary, conditional and revocable by administrative authority.
  • Tax treatment is tied to compliance with specified structural conditions (trust form, vesting, nature of fund assets, payment/withdrawal rules, and residency/employee scope).
  • Where conditions are not met (or not applicable), ordinary tax rules apply (e.g., accumulated balances may be included in total income and treated as salary in certain contexts).

Exceptions/Provisos

The Schedule contains several provisos and relaxations:

  • Paragraph 1: Exclusion - Schedule does not apply to funds covered by the Provident Funds Act, 1925.
  • Part A paragraph 5: Approving authority may relax conditions (e.g., funds maintained by employers with principal place of business outside India provided <=10% employees outside India; special contribution rules for employees serving in armed forces or national service; retention of accumulated balances on employee request; special relaxation for low-salary employees and contingent bonuses).
  • Part A paragraph 8: Exclusion of accumulated balance from total income when continuous service >=5 years or termination for specified causes; transfer to recognised fund or notified pension scheme also qualifies.
  • Part B paragraph 3: Approval for superannuation/gratuity funds requires irrevocable trust, >=90% employees in India and payment of benefits in India, among other conditions.
  • Part C: Rule-making constrained by statutory limits (e.g., no rule can require more than 50% of fund money to be invested in government securities - note differing statutory source in drafts).

Illustrations

  • Example 1: An employee with continuous service of six years receives accumulated balance on cessation of employment - the accumulated balance is excluded from the employee's total income under paragraph 8(1)(a).
  • Example 2: An employer contributes 15% of an employee's salary to a recognised provident fund; the portion exceeding 12% (i.e., 3%) is "deemed to have been received by the employee" and included in his total income for that tax year under paragraph 6.
  • Example 3: A provident fund is recognised but a portion of its assets includes capital gains from transfer of capital assets - such gains are permitted fund components under paragraph 4(e)(v).

Interplay

The Schedule expressly interacts with:

  • Provident Funds Act, 1925 - funds under that Act are excluded from this Schedule.
  • Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - paragraph 4(f) ties eligibility to establishments covered u/s 1(3) or notified u/s 1(4) of that Act, and to exemptions u/s 17 schemes.
  • Other tax provisions - paragraph 6 links to rates fixed by Central Government by notification for interest treatment; paragraph 10 invokes Chapter XIX-B procedural rules for tax deduction at source (TDS) as if the balance were salary.
  • Rule-making restrictions reference a statute governing "Government securities" (the Bill and Act texts differ as to which statute supplies the definition), which affects investment regulation under Part C.

Differences between SCHEDULE-XI of Income-tax Act, 2025 and SCHEDULE-XI of Income Tax Bill, 2025 - Old Version

  • Language and drafting variances: The Act text (Document 1) uses slightly different phrasing in definitions (e.g., "credited by or on behalf of any employee out of his salary, or by an employer out of his own funds" vs. Bill text "credited by or on behalf of any employee from his salary, or by an employer from his own funds"). These are drafting differences only and do not change substantive meaning.
    • Practical impact: Minimal; no change in legal effect.
  • Terminology for certain clauses and cross-references: In Part C (power to make rules), Document 1 cites "Government Securities Act, 2006" and refers to "section 2(f) of the Government Securities Act, 2006"; Document 2 references "section 2 of the Public Debt Act, 1944" (or earlier draft language). The Bill (Document 2) also contains editorial footnotes and alternative wording such as "as prescribed" vs "may be prescribed" in some places.
    • Practical impact: Potentially material for interpretation of investment limits (i.e., which statutory definition of "Government securities" applies). If the Act adopts the Government Securities Act (2006) definition, that may differ from the Public Debt Act (1944) definition used in the Bill; this affects which instruments qualify as government securities for the 50% investment cap and could affect trustees' permitted investments.
  • Substantive alignment and rewording of specific paragraphs: In some paragraphs the Act clarifies or restructures language (for example, paragraph 5(3) in Document 1 states "Irrespective of anything contained in paragraph 4(e) or (i),-" while Document 2 states "Irrespective of anything contained in paragraph 4(e) or paragraph 4(i),-".) These are editorial only.
    • Practical impact: None substantive; only formatting/drafting clarity.
  • Headings, numbering and minor content differences: Document 1 uses headings such as "Accounts of recognised provident funds.- (1) The accounts..." while Document 2 uses similar headings but sometimes adds slight wording changes (e.g., "Appeal" vs "Appeals", "Liabilities of trustees on cessation of approval" vs "Liability of trustees on cessation of approval").
    • Practical impact: Procedural or interpretive impact is negligible unless an amended heading reflects a legislative intent to change multiplicity (e.g., singular/plural) - but the text of paragraphs remains substantively the same.
  • Cross-references to other Schedules/Sections and Table references: Document 1 refers to "Schedule II (Table: Sl. No. 8)" in Part B para 7; Document 2 also references Schedule II (Table: Sl. No. 8) but a footnote corrects some earlier drafting errors elsewhere. There is no material difference in the substantive treatment.
    • Practical impact: None substantive; only a drafting correction in the Bill had been noted.
  • Rule-making clause references to Board powers and section 534: Document 1 ends Part C with "All rules made under this Part shall be subject to section 534." Document 2 likewise ends with "Rules to be subject section 534.-All rules..." The Bill includes a minor textual difference in citation of the enabling section for rules (Public Debt Act vs Government Securities Act), as noted above.
    • Practical impact: The practical effect is to confirm executive rule-making remains subject to section 534; no substantive change beyond the securities definition difference flagged earlier.

Practical Implications

  • Compliance and risk areas: Trustees and employers must ensure funds comply with structural conditions (trustee vesting, non-revocability, permitted assets, payment rules, employee/residency thresholds) to secure recognition/approval and preserve tax exemptions. Failure may expose accumulated balances to inclusion in employee's taxable income and create TDS obligations under Chapter XIX-B.
  • Record-keeping/evidence: The Schedule requires maintenance of prescribed accounts, availability of records for inspection and provision of abstracts to the Assessing Officer. Trustees should retain clear records of employee contributions credited, employer contributions, interest calculations, transfers between funds, and documentation supporting conditions for exemption (e.g., proof of continuous service, reasons for termination).
  • Investment compliance: Trustees must monitor permitted investments and the 50% government securities cap in rules - attention is required to which statutory definition of "government securities" is applied (see differences noted above).

Key Takeaways

  • The Schedule conditions tax-favourable treatment on strict structural and operational criteria for provident, superannuation and gratuity funds.
  • Employer contributions above specified thresholds (12% for provident funds) and excess interest credited at rates above notified ceilings are taxable in the hands of employees.
  • Recognition/approval is administratively controlled and revocable; trustees must comply with information, accounts and reporting obligations and face inspection and appeal procedures.
  • Relaxations exist for overseas employer funds (<=10% employees outside India), armed forces service, retention of transferred balances, and low-salary employees - but only at approving authority's discretion and subject to rules.
  • When recognition/approval is accorded to funds with pre-existing balances, transferred balances may be brought into tax in the tax year recognition takes effect, subject to Board rules and possible summary calculation in accounting difficulty cases.
  • Trustees remain potentially liable for tax consequences even after cessation of approval/recognition in respect of payments attributable to earlier periods.
  • Minor drafting differences between Bill and Act versions are mostly editorial; the notable substantive drafting difference concerns which statute defines "government securities" for investment limits, affecting permissible investments.

Full Text:

SCHEDULE XI - RECOGNISED PROVIDENT FUNDS

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Acts Income Tax