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    Doctrine of Reasonable Cause in Tax Penalties : Clause 470 of the Income Tax Bill, 2025 Vs. Section ...
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    Reasonable cause defense protects taxpayers from penalties for bona fide, non culpable defaults and encourages documented compliance.
    Clause 470 creates an exception to specified penalty provisions: no penalty shall be imposed if the assessee proves there was reasonable cause for the failure. It functions as a non obstante provision covering enumerated sections, shifts the burden of proof to the taxpayer, and is aimed primarily at bona fide procedural or technical lapses rather than deliberate violations.
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    Voluntary disclosure and penalty waiver enable administrative relief when pre detection disclosure, cooperation and payment conditions are met.
    Clause 469 empowers the Principal Commissioner or Commissioner to reduce or waive penalties under section 439 where a taxpayer has made a full and true voluntary disclosure before detection, cooperated in assessment and paid or arranged payment of tax or interest; it includes a deeming rule for full disclosure, prior approval safeguards for high value cases, a bar on multiple reliefs, a genuine hardship route with recorded reasons, a twelve month disposal limit, opportunity to be heard, and finality of orders.
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    Penalty for failure to quote TDCAN/TAN: discretionary fixed sanctions apply for non compliance and knowingly false quoting.
    Clause 468 empowers the Assessing Officer to impose a fixed monetary penalty for failure to comply with Section 397 and for quoting a false Tax Deduction and Collection Account Number in prescribed documents where the person knows or believes it to be false, making the penalty discretionary and imposing a mens rea requirement for false quoting while not expressly providing for a statutory opportunity of being heard.
    Act RulesBills
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    PAN/Aadhaar compliance: new per-default penalty regime distinguishes intentional false quoting from strict liability omissions and extends responsible person liability.
    Clause 467 establishes a per-default penalty regime for non-compliance with section 262, differentiating intentional false PAN/Aadhaar quoting-which requires proof of knowledge or belief-from omissions treated as strict liability, and extends liability to persons responsible for ensuring correct quoting/authentication; it emphasizes authentication and digital e KYC integration while remaining silent on express procedural safeguards such as the opportunity to be heard, creating potential due process and transitional issues.
    Act RulesBills
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    Penalty for non cooperation: new provision allows senior tax officers to impose a moderate monetary penalty without explicit hearing safeguards.
    Clause 466 empowers specified senior tax officers to impose a moderate monetary penalty for failure to comply with section 254, mirroring prior penalty structure in authority and capped quantum but omitting express procedural safeguards such as an opportunity of being heard, defences like reasonable cause, and a requirement to record reasons, thereby raising concerns about procedural fairness and consistency in imposition.
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    Penalty for procedural defaults: fixed and daily fines, capped to tax collectible, with delegated authority to impose them.
    Clause 465 creates a penalty regime for procedural non compliance under the Income Tax Bill, 2025: a fixed penalty for discrete defaults, a daily penalty for continuing defaults, a cap tying certain penalties to the amount of tax deductible or collectible, and specified authorities empowered to impose penalties; it broadens the definition of income tax authority and updates cross references to the restructured Bill, while notably omitting an explicit provision requiring an opportunity to be heard before penalty imposition.
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    Penalty regime for failure to furnish prescribed statements strengthens compliance under tax exempt reporting obligations.
    A statutory penalty regime targets failure by specified research institutions and charitable funds to furnish prescribed documents, statements, or certificates within prescribed timeframes; penalties fall within a prescribed band and are imposed at the discretion of the Assessing Officer, operating as a civil compliance measure alongside general procedural safeguards and requiring stakeholders to update compliance processes to align with re referenced substantive sections.
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    Professional accountability: penalty for furnishing incorrect information in professional reports or certificates under the new income tax bill.
    Clause 463 imposes a strict-liability penalty regime on accountants, merchant bankers and registered valuers for furnishing incorrect information in any report or certificate under the Act or rules. It prescribes a fixed per-instance monetary penalty and empowers the Assessing Officer, Joint Commissioner (Appeals) or Commissioner (Appeals) to impose the penalty upon satisfaction that incorrect information was furnished. The clause updates definitional references for valuers, omits an explicit definition of "accountant," and operates without prejudice to other civil or criminal consequences.
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    Penalty for failure to furnish information: fixed sanction for inaccurate or missing cross-border disclosure, raising proportionality concerns.
    Clause 462 penalises any person required to furnish information under section 397(3)(d) who fails to supply such information or furnishes inaccurate information; the Assessing Officer may impose a fixed monetary penalty, the provision mirrors Section 271I in structure and intent, lacks an express reasonable-cause defence or gradation of penalty, and raises interpretative issues as to the scope of "inaccurate information," procedural safeguards, and proportionality in enforcement.
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    Penalty for failure to furnish statements: discretionary fines with short grace period where tax is paid and statement filed promptly.
    Clause 461 creates a penalty for failure to deliver statements under section 397(3)(b) or for furnishing incorrect information, authorising the Assessing Officer to impose a discretionary monetary penalty equivalent in range to the existing Section 271H. Clause 461(2) exempts penalty where tax, fee and interest are paid to the Central Government and the statement is filed within a short grace period, thereby balancing deterrence with relief for prompt substantive compliance while leaving procedural safeguards and definitions, such as "incorrect information," unclearly specified.
    Act RulesBills
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    Penalty for failure to submit statements may be imposed by the assessing officer as a daily or capped sanction, discretion preserved.
    Clause 460 permits the Assessing Officer to impose discretionary monetary penalties on any person required to furnish a statement under section 505 for failure to file within the prescribed period, using a two-tier structure of a daily sanction for short-term delay and a capped penalty for longer default, with applicability dependent on the scope of the parent reporting obligation and subject to the general procedural and appellate framework of the tax law.
    Act RulesBills
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    Reporting penalties: new clause preserves escalating daily fines and a large fixed penalty for inaccurate international tax reports.
    Clause 459 establishes a tiered penalty regime under section 511 for reporting entities: daily penalties for failure to furnish reports, daily penalties for failure to produce information after the allowed period, an escalated daily penalty if default continues after service of a penalty order, and a substantial fixed penalty for furnishing inaccurate information or failing to correct known or discovered inaccuracies. The prescribed authority under section 511 is empowered to impose these penalties, and the clause mirrors Section 271GB in quantum and triggers while raising issues about reasonable cause relief and procedural safeguards.
    Act RulesBills
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    Penalty for failure to report transfers of management or control triggers significant compliance and enforcement consequences.
    Clause 458 creates a penalty for failure by an Indian concern to furnish information or documents under section 506, authorising the prescribed income-tax authority to impose either a transaction-value-based penalty where a transaction effects a direct or indirect transfer of management or control, or a fixed monetary penalty otherwise, and otherwise mirrors the substantive framework and enforcement objectives of Section 271GA of the Income-tax Act, 1961.
    Act RulesBills
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    Transfer pricing documentation penalty: failure to furnish documents leads to transaction value based penalties and enforcement by tax authorities.
    Failure to furnish prescribed transfer pricing information or documentation for international or specified domestic transactions triggers a transaction value based penalty under Clause 457, enforceable by the Assessing Officer, authorised Transfer Pricing Officer and the Commissioner (Appeals); the clause ties this enforcement directly to the obligations in section 171(2) and raises interpretive issues concerning the meaning of failure, computation of transaction value, overlap with other penalties, and the availability of a reasonable cause defence.
    Act RulesBills
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    Penalty for failure to furnish statements: eligible investment funds face a fixed sanction under the bill; authority may impose it.
    Clause 456 imposes a fixed penalty where an eligible investment fund fails to furnish required statements or information within the prescribed time; the prescribed income-tax authority may direct payment of the fixed sanction. The reporting deadline is set by the substantive eligibility reporting provision; the penalty is discretionary rather than automatic, lacks a graded scale, and does not expressly specify procedural safeguards such as criteria for discretion or an opportunity to be heard.
    Act RulesBills
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    Penalty for inaccurate financial reporting imposes institutional and account-holder liability while enabling recovery of penalties from account holders.
    Clause 455 mandates penalties for persons required to furnish statements of financial transactions or reportable accounts for providing inaccurate information or failing to meet due diligence obligations, and imposes an additional per-account penalty on reporting financial institutions where inaccuracies stem from account-holder-supplied false information; reporting institutions may recover such additional penalties from the responsible account holders by direct recovery or retention of funds, with imposition directed by the prescribed income-tax authority and substantive continuity with the former Section 271FAA.
    Act RulesBills
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    Penalty for failure to furnish financial transaction statements - escalating daily sanctions for continued non-compliance after notice.
    Clause 454 creates a statutory penalty regime for failure to furnish a statement of financial transaction or reportable account, prescribing a daily penalty accruing from the date the filing deadline lapses, with an escalated daily rate where default continues after a formal notice, and vesting discretionary imposition authority in the income-tax authority subject to procedural safeguards and rights to challenge.
    Act RulesBills
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    Penalty for non-compliant loan repayments: Assessing Officer may impose a penalty equal to the amount repaid for procedural breaches.
    Clause 453 permits the Assessing Officer to impose a penalty equal to any loan, deposit or specified advance repaid in contravention of section 188, applying to all persons and covering repayments made by non-transparent modes. The provision creates strict liability based on procedural breach rather than mens rea, centralizes enforcement with the Assessing Officer, and omits an explicit reasonable-cause defence, raising potential interpretative and transitional issues regarding the scope of specified advances and procedural safeguards.
    Act RulesBills
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    Electronic payment mandate triggers daily penalties for non compliance unless a taxpayer proves good and sufficient reason.
    Clause 452 empowers the Assessing Officer to impose a fixed per day monetary penalty for failure to provide prescribed electronic modes of payment under section 187, subject to a saving where the person proves good and sufficient reason for the failure; the provision mirrors the former section 271DB framework but streamlines authority and lacks detailed procedural guidance.
    Act RulesBills
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    Monetary transaction penalty: discretion to impose a penalty equal to prohibited receipt unless good and sufficient reasons are proved.
    Clause 451 empowers the Assessing Officer to impose a penalty equal to the sum received in contravention of section 186 unless the recipient proves good and sufficient reasons; the provision emphasises proportionality, vests discretion in enforcement, omits explicit procedural safeguards and mens rea, and mirrors the substantive penalty quantum and defence in the earlier statutory regime while differing in statutory tone and procedural concision.

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      AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      (a) The First Schedule to the Customs Tariff Act, 1975 is proposed to be amended to carry out changes as under-

      A.

      Modification in Tariff rate (to be effective from 02.02.2026) * [Clause 136(a) of the Finance Bill, 2026]

      *Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

      Rate of Basic Customs Duty

      S. No.

      Heading, sub-heading, tariff item

      Commodity

      From (per cent)

      To (per cent)

      MSME sector

      1.

      6601 91 00,

      6601 99 00

      Umbrellas (other than garden umbrellas)

      20%

      20% or Rs. 60 per piece, whichever is higher

      2.

      6603 20 00, 6603 90 10, 6603 90 90

      Parts, trimmings and accessories of articles of heading 6601 to 6602

      10%

      10% or Rs. 25 per kg., whichever is higher

      B.

      Decrease in Tariff rate (to be effective from 01.04.2026) [Clause 136(b) of the Finance Bill, 2026]

      Rate of Basic Customs Duty

      1.

      9804

      All dutiable goods, imported for personal use

      20%

      10%

      C.

      Tariff rate changes (without any change in effective rate of duty) [to be effective from 01.05.2026, unless otherwise specified] * [Clause 136(c) of the Finance Bill, 2026]

      *Note:

      1. The current applied rate of Basic Customs Duty on these commodities operate through their respective exemption/concessional duty notification(s). Such corresponding entries would be omitted from the concerned notification(s) with effect from 01.05.2026, as the same would operate through the Customs Tariff Act, 1975, in the manner as detailed below. It is an exercise for simplification of the Customs tariff structure and applicable Basic Customs Duty rate on these items would remain unchanged.

      2. Heading and sub-heading referred in column (2) shall include all tariff items under such heading or sub- heading.

      3. The said changes are to be read with consequent amendments related to Social Welfare Surcharge (SWS) and Agriculture Infrastructure and Development Cess (AIDC).

      Rate of Duty

      S. No.

      Heading, sub-heading tariff item

      Commodity

      From

      To

      (1)

      (2)

      (3)

      (4)

      (5)

      1.

      0207 25 00, 0207 27 00

      Meat and edible offal of turkeys, frozen

      30%

      5%

      2.

      0306 36 60

      Artemia

      5%

      Nil

      3.

      0511 91 40

      Artemia cysts

      5%

      Nil

      4.

      0802 11 00

      Almonds, in shell

      Rs.42 per kg

      Rs.35 per kg

      5.

      0802 12 00

      Almonds, shelled

      Rs.120 per kg

      Rs. 100 per kg

      6.

      0802 31 00

      Walnuts, in shell

      120%

      100%

      7.

      1209 (other than those falling under sub headings 1209 91 and 1209 99)

      Seeds, fruit and spores, of a kind used for sowing

      30%

      15%

      8.

      1505

      Wool grease and fatty substances derived therefrom (including lanolin)

      30%

      15%

      9.

      2008 19 21, 2008 19 22, 2008 19 29, 2008 19 91

      Makhana, other roasted nuts and seeds

      150%

      30%

      10.

      2008 19 92

      Other nuts, otherwise prepared or preserved

      150%

      30%

      11.

      2309 90 31

      Prawn and shrimps feed

      15%

      5%

      12.

      2504

      Natural graphite

      5%

      2.5%

      13.

      2505

      Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of the Customs Tariff Act, 1975

      5%

      Nil

      14.

      2506

      Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

      5%

      2.5%

      15.

      2530 90 91

      Strontium sulphate (natural ore)

      5%

      Nil

      16.

      2701, 2702, 2703

      Coal; briquettes, ovoids and similar solid fuels manufactured from coal; Lignite, whether or not agglomerated, excluding jet; Peat (including peat litter), whether or not agglomerated

      5%

      2.5%

      17.

      2709 00 10

      Petroleum crude

      5%

      Re 1 per tonne

      18.

      2804 50 20

      Tellurium

      5%

      Nil

      19.

      2804 61 00

      Silicon, containing by weight not less than 99.99% of silicon

      5%

      Nil

      20.

      2804 69 00

      Silicon, other

      5%

      Nil

      21.

      2804 90 00

      Selenium

      5%

      Nil

      22.

      2805 30 00

      Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

      5%

      Nil

      23.

      2809 20 10

      Phosphoric Acid

      7.5%

      5%

      24.

      2811 22 00

      Silicon dioxide

      7.5%

      2.5%

      25.

      2816 40 00

      Oxides, hydroxides and peroxides, of strontium or barium

      7.5%

      Nil

      26.

      2822 00 10

      Cobalt oxides

      7.5%

      Nil

      27.

      2822 00 20

      Cobalt hydroxides

      7.5%

      Nil

      28.

      2822 00 30

      Commercial cobalt oxides

      7.5%

      Nil

      29.

      2825 20 00

      Lithium oxide and hydroxide

      7.5%

      Nil

      30.

      2825 30

      Vanadium oxides and hydroxides

      7.5%

      Nil

      31.

      2825 60 10

      Germanium oxides

      7.5%

      Nil

      32.

      2825 70

      Molybdenum oxides and hydroxides

      7.5%

      Nil

      33.

      2825 80 00

      Antimony Oxides

      7.5%

      Nil

      34.

      2825 90 20

      Cadmium oxide

      7.5%

      Nil

      35.

      2827 35 00

      Chlorides of Nickel

      7.5%

      Nil

      36.

      2827 39 30

      Strontium chloride

      7.5%

      Nil

      37.

      2833 24 00

      Sulphates of Nickel

      7.5%

      Nil

      38.

      2834 21 00

      Nitrates of potassium

      7.5%

      Nil

      39.

      2836 91 00

      Lithium carbonates

      7.5%

      Nil

      40.

      2836 92 00

      Strontium carbonate

      7.5%

      Nil

      41.

      2910 20 00

      Methyloxirane (propylene oxide)

      5%

      2.5%

      42.

      2918 15 30

      Bismuth citrate

      7.5%

      Nil

      43.

      3102 30 00

      Ammonium nitrate, whether or not in aqueous solution

      10%

      5%

      44.

      3801

      Artificial Graphite; colloidal or semi-colloidal graphite; preparations based on graphite or other carbon in form of pastes, blocks, plates or other semi- manufactures

      7.5%

      2.5%

      45.

      3808 93 30

      Gibberellic acid

      10%

      5%

      46.

      3904

      Polymers of vinyl chloride or of other halogenated olefins, in primary forms

      10%

      7.5%

      47.

      4906

      Plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, being originals drawn by hand; hand-written texts; photographic reproductions on sensitised paper and carbon copies of the foregoing

      10%

      Nil

      48.

      5201 00 25

      Other cotton of staple length exceeding 32.0 mm

      5%

      Nil

      49.

      7202 60 00

      Ferro-nickel

      2.5%

      Nil

      50.

      7402 00 10

      Blister copper

      5%

      Nil

      51.

      7802

      Lead waste and scrap

      5%

      Nil

      52.

      7902

      Zinc waste and scrap

      5%

      Nil

      53.

      8105 20 30

      Cobalt powders

      5%

      Nil

      54.

      8419 89 12, 8419 89 13, 8419 89 14, 8419 89 15, 8419 89 16, 8419 89 17, 8419 89 19

      Reactors, columns or towers or chemical storage tanks

      10%

      7.5%

      NEW TARIFF LINES HAVE BEEN CREATED

      S. No.

      Chapter/ heading/sub- heading/tariff item mentioned in notification

      Commodity

      New tariff item being created w.e.f. 01.05.2026

      Rate of duty

      (1)

      (2)

      (3)

      (4)

      (5)

      55.

      0306 19 00

      Krill, frozen

      0306 19 10

      15%

      56.

      0802 99 00

      Pecan Nuts

      0802 99 10

      30%

      57.

      0810 40 00

      Cranberries, fresh

      0810 40 10

      10%

      58.

      0810 40 00

      Blueberries, fresh

      0810 40 20

      10%

      59.

      0811 90

      Cranberries, frozen

      0811 90 11 0811 90 91

      10%

      60.

      0811 90

      Blueberries, frozen

      0811 90 12 0811 90 92

      10%

      61.

      0813 40 90

      Cranberries, dried

      0813 40 30

      10%

      62.

      0813 40 90

      Blueberries, dried

      0813 40 40

      10%

      63.

      1207 99 90

      Shea Nuts

      1207 99 50

      15%

      64.

      2008 93 00

      Cranberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

      2008 93 10

      5%

      65.

      2008 99

      Blueberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

      2008 99 15

      10%

      66.

      2106 90

      Other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

      2106 90 (other than 2106 90 51)

      50%

      67.

      2202 99

      Cranberry products

      2202 99 21, 2202 99 31, 2202 99 91

      10%

      68.

      2529 22 00

      Acid grade fluorspar containing by weight more than 97% of calcium fluoride

      2529 22 10

      2.5%

      69.

      2615 90

      Hafnium ores and concentrates

      2615 10 10

      Nil

      70.

      2841

      Ammonium metavanadate

      2841 90 10

      2.5%

      71.

      29

      Gibberellic acid

      2932 20 40

      5%

      72.

      29

      Triethyl orthoformate

      2915 90 96

      5%

      73.

      29

      Diethyl malonate

      2917 19 22

      5%

      74.

      29

      DL-2 Aminobutanol

      2922 19 30

      5%

      75.

      29

      Aceto butyrolactone

      2932 20 50

      5%

      76.

      29

      Artemisinin

      2932 99 30

      5%

      77.

      29

      Thymidine

      2934 99 50

      5%

      78.

      3302 10

      Mixtures of odoriferous substances of a kind used in food or drink industries other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

      3302 10 19, 3302 10 99

      10%

      79.

      4104 11 00, 4104 19 00, 4105 10 00, 4106 21 00, 4106 31 00, 4106 91 00

      Wet blue leather (hides and skin)

      4104 11 10, 4104 19 10, 4105 10 10, 4106 21 10, 4106 31 10, 4106 91 10

      Nil

      80.

      4702

      Rayon grade wood pulp

      4702 00 10

      2.5%

      81.

      4823 90 90

      All goods other than kites

      4823 90 90 (kites fall under new tariff item 4823 90 40)

      10%

      82.

      8101 99 90

      Tungsten (wolfram) bars and rods, other than those obtained simply by sintering, profiles, plates, sheets, strip and foil

      8101 99 20

      5%

      83.

      8415 90 00

      All goods other than indoor or outdoor units of split-system air conditioner

      8415 90 90

      10%

      84.

      8421 99 00

      All goods other than Reverse Osmosis (RO) membrane element for household type filters

      8421 99 90

      7.5%

      85.

      8507 90

      Battery separators

      8507 90 20

      5%

      86.

      8529 10 99, 8529 90 90

      Parts suitable for use solely or principally with the apparatus of headings 8525, 8526 or 8527

      8529 10 93, 8529 90 30

      10%

      87.

      8609 00 00

      Refrigerated containers

      8609 00 10

      5%

      (b) In addition to the above, the First Schedule to the Customs Tariff Act, 1975 has also been amended to create new tariff items which will, inter-alia, help in better product identification; getting actual transaction data of precursor chemicals and help in their effective monitoring; facilitating, tracking exports and deciding policy measures for plant-based extract products. These changes will be effective from 1.05.2026, unless otherwise specified.

       


      Full Text:

      Union Budget 2026-27 - Finance Bill, 2026

      Topics

      ActsIncome Tax