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    Judicial and Legislative Perspectives on Mens Rea in Income Tax Prosecutions :Clause 490 of the Inco...
    Presumptions in Tax Offence Prosecutions : Clause 489 of the Income Tax Bill, 2025 Vs. Section 278D ...
    Karta and Member Liability for Tax Offences : Clause 488 of the Income Tax Bill, 2025 Vs. Section 27...
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    Criminal Liability for Tax Evasion in India : Clause 478 of the Income Tax Bill, 2025 Vs. Section 27...
    Criminal Liability for TCS Defaults : Clause 477 of Income Tax Bill, 2025 vs. Section 276BB of Incom...
    Criminal Liability for TDS Defaults : Clause 476 of the Income Tax Bill, 2025 Vs. Section 276B of th...
    Evolution of Statutory Offences Against Tax Recovery in India : Clause 475 of the Income Tax Bill, 2...
    Penal Provisions for Non-Compliance during Tax Inspections : Clause 474 of the Income Tax Bill, 2025...
    Penal Consequences for Non-Compliance with Tax Authority Orders : Clause 473 of the Income Tax Bill,...
    Redefining the Bar of Limitation for Tax Penalties : Clause 472 of the Income Tax Bill, 2025 Vs. Sec...
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    Act RulesBills
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    Presumption of culpable mental state shifts evidentiary burden to accused to disprove intent beyond reasonable doubt.
    Clause 490 mandates that once the prosecution establishes the actus reus, the court shall presume the existence of a culpable mental state-broadly defined to include intention, motive, knowledge, belief and reason to believe-and permits the accused to rebut that presumption only by proving absence of such mental state beyond reasonable doubt.
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    Presumption regarding assets and documents found in searches shifts evidentiary burden, now including virtual digital assets.
    Clause 489 creates a rebuttable presumption that assets (including virtual digital assets) and books or documents found in a person's possession during an authorised search, or received via requisition, are presumed to belong to that person and that documents' contents are true when tendered in prosecution, applied "so far as may be" by reference to the Bill's presumption provision and extending to other persons identified by the Bill's connected-person provision.
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    Presumption of karta guilt shifts evidential burden, requiring demonstration of due diligence to avoid prosecution.
    Clause 488 places primary criminal responsibility on the karta of a Hindu Undivided Family by deeming the karta guilty of an offence by the HUF, subject to statutory defences of lack of knowledge or proof of having exercised all due diligence. It further deems any member guilty where the offence is proved to have been committed with that member's consent or connivance or is attributable to their neglect, creating independent member liability while preserving the karta's available exculpatory defences.
    Act RulesBills
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    Corporate officer liability: deeming provision shifts initial burden to accused, with due diligence defence for tax offences.
    Where a company commits an income-tax offence, the company and every person who was in charge of, and responsible to, the company for the conduct of the business at the time are statutorily deemed guilty and liable to prosecution, subject to a defence that the individual lacked knowledge or exercised all due diligence to prevent the offence; separate liability arises where the offence occurred with the consent, connivance, or neglect of officers, companies are punishable by fine while individuals may face full penal consequences, and definitions explicitly include firms and associations of persons.
    Act RulesBills
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    Reasonable cause defence limits criminal liability for certain tax compliance failures, protecting bona fide taxpayers from prosecution.
    Clause 486 creates a non obstante statutory reasonable cause defence prohibiting punishment for failures under the specified sections of the Income Tax Bill, 2025 when the accused proves reasonable cause. The provision places the burden of proof on the accused, preserves judicial fact specific assessment of reasonable cause, and operates to limit prosecutions for bona fide or uncontrollable lapses while directing enforcement attention to willful or egregious defaults.
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    Enhanced penalties for repeat tax offences impose mandatory imprisonment and fine upon subsequent convictions under specified tax provisions.
    A prior judicial conviction under any specified income tax offence triggers enhanced punishment: a person again convicted under any of those listed offences is subject to mandatory rigorous imprisonment and a mandatory fine, regardless of whether the subsequent conviction is for the same or a different listed offence; judicial discretion governs the precise sentence within the prescribed range, and the provision applies only after a prior conviction, not mere charge or prosecution.
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    Abetment of false returns: broadened criminal exposure for facilitators with mandatory imprisonment and fines for culpable conduct.
    Clause 484 criminalises abetment or inducement in making or delivering false tax-related statements, requiring that the abettor know the falsity or not believe the statement to be true. Punishment is tiered by the quantum sought to be evaded, with mandatory minimum imprisonment terms and fines, while procedural details and definitions such as "induce" are not specified, raising interpretive and evidentiary challenges. The clause mirrors prior law's structure but broad wording could implicate advisors and intermediaries absent judicial or legislative clarification.
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    Falsification of accounting records: criminal liability for wilful false entries intended to enable another person to evade tax.
    Clause 483 makes it an offence to wilfully make or cause false entries in books of account or other documents with intent to enable another person to evade tax, interest, or penalty; it requires proof of wilful conduct and intent but not proof that the beneficiary actually evaded liability, covers physical and electronic records relevant to tax proceedings, and prescribes rigorous imprisonment and a fine.
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    False verification offences: criminal liability requires proved knowledge or recklessness, with graded imprisonment and mandatory fines.
    The provision criminalises making false statements in any statutory verification or delivering false accounts where the person knows or believes the statement to be false or does not believe it to be true. Prosecution must prove this mental element beyond reasonable doubt. A graded penalty applies according to the financial impact of the falsity: substantial evasion attracts a higher term of rigorous imprisonment while other cases attract a lower term, and a fine is mandatorily imposed in addition to imprisonment.
    Act RulesBills
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    Willful failure to produce accounts triggers criminal liability including imprisonment and mandatory fine under the new tax provision.
    Clause 481 establishes a penal offence for willful failure to produce accounts and documents called for by a notice under section 268(1), or willful non compliance with a direction under section 268(5), punishable by rigorous imprisonment for up to one year and liability to fine, with criminal prosecution requiring proof of willfulness beyond reasonable doubt and adherence to procedural safeguards; the clause mirrors prior law while leaving the fine quantum unspecified and raising interpretative issues regarding the threshold for willfulness and potential overlap with other provisions.
    Act RulesBills
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    Wilful failure to furnish return in search cases creates criminal liability, exposing taxpayers to imprisonment and fines.
    Clause 480 penalises a person who, following a search and pursuant to a notice under section 294(1)(a), wilfully fails to furnish a return of income within the prescribed time. The provision requires proof of deliberate non compliance, treats the offence as criminal, and prescribes imprisonment along with a court levied fine, while prosecutions remain subject to ordinary criminal procedure and due process safeguards.
    Act RulesBills
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    Willful failure to file returns attracts graded criminal penalties including imprisonment and fine; an extended cure period limits prosecutions.
    Clause 479 criminalizes the willful failure to furnish returns of income, applying to statutory filing obligations and notice-triggered duties, and establishes a graded criminal penalty regime tied to the tax that would have been evaded. It preserves a mens rea requirement, mandates imprisonment and fine across tiers, and provides exemptions including a one-year cure period to avoid prosecution and a de minimis exception for non-corporate taxpayers, while raising interpretative issues on the definition of wilfulness and calculation of evaded tax.
    Act RulesBills
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    Wilful tax evasion criminalisation: updated offence framework tightens penalties and preserves additional monetary sanctions for deliberate under-reporting.
    Clause 478 establishes an offence of wilful attempt to evade tax, penalty, or interest, including under-reporting, distinguishing evasion of liability from evasion of payment. It prescribes graded sentences with discretionary fines and makes offenders liable to any other penalties under the Act. The provision's inclusive definition-false entries, false statements, wilful omissions, and other enabling circumstances-broadens prosecutorial scope while retaining the requirement to prove mens rea and preserving procedural safeguards for prosecution.
    Act RulesBills
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    Failure to remit tax collected at source: criminal liability retained with a filing linked safe harbour to encourage timely compliance.
    Clause 477 criminalizes failure to remit tax collected at source, adopting a strict liability approach that imposes custodial sentence and fine while offering a statutory safe harbour where TCS is deposited on or before the time prescribed for filing the TCS statement, thereby aligning penal consequences and procedural exemption with the existing framework.
    Act RulesBills
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    Criminal liability for failure to remit TDS expands enforcement and broadens managerial responsibility, with strict penalties.
    Clause 476 criminalizes failure to deposit taxes deducted or collected at source under Chapter XIX-B, extending liability to those who "pay or ensure payment" and prescribing rigorous imprisonment and fine. A proviso bars prosecution if the tax is credited to the Central Government on or before the time prescribed for filing the relevant TDS statement, while cross references to notes and tables expand the catalogue of covered transactions and may complicate interpretation.
    Act RulesBills
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    Fraudulent asset dissipation criminalized: intent-based offence bars transfers aimed at defeating prescribed tax recovery proceedings.
    Clause 475 penalizes the fraudulent removal, concealment, transfer, or delivery of any property or interest with the intent to prevent it from being taken in execution of a prescribed recovery certificate, requiring proof of deceitful intent and applying to tangible and intangible interests; it retains the punitive framework of rigorous imprisonment and fine while replacing an explicit Second Schedule reference with a flexible "as prescribed" linkage to recovery procedures.
    Act RulesBills
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    Failure to provide inspection facilities criminalises obstruction during tax inspections, attracting imprisonment and fine under the new bill.
    Clause 474 of the Income Tax Bill, 2025, makes it an offence to fail to afford an authorised officer the necessary facility to inspect books of account or other documents under section 247(1)(b)(ii), punishable with rigorous imprisonment for up to two years and a fine. The clause largely mirrors Section 275B of the 1961 Act, raises interpretive issues about the definition of "necessary facility" and mens rea, and creates potential overlaps with other penal provisions, while preserving continuity in enforcement policy.
    Act RulesBills
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    Contravention of tax authority orders may attract imprisonment and fine under the new income tax framework.
    Clause 473 establishes an offence for contravening orders under section 247(1)(viii) or (4), penalising such contraventions with rigorous imprisonment up to the statutory maximum and a fine. The clause focuses on breaches concerning custody, retention, or handling of assets or records during investigative processes. It does not specify mens rea or procedural attributes such as cognizability or bailability, so application and defences will be shaped by judicial interpretation and the Bill's broader procedural framework.
    Act RulesBills
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    Limitation period for tax penalties: quarter based uniform timeline aligns penalty orders with assessment and appellate outcomes.
    Clause 472 standardises the limitation for imposing tax penalties by prescribing a uniform six month period measured from the end of the quarter tied to the completion of proceedings, appellate or revisional orders, or issuance of a penalty notice; it permits revision of penalty orders to reflect subsequent assessment modifications, mandates a reasonable opportunity to be heard before adverse penalty action, and excludes rehearing and judicial stay periods from limitation computation.
    Act RulesBills
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    Natural justice in tax penalties: hearing rights and hierarchical approval govern imposition and administrative oversight under new bill.
    Clause 471 requires that no penalty be imposed without the assessee being heard or given a reasonable opportunity, mandates prior Joint Commissioner approval for penalties exceeding specified officer thresholds, and requires that penalty orders passed by authorities other than the Assessing Officer be sent to the Assessing Officer. It mirrors core safeguards of the existing law but omits scheme enabling provisions for faceless, technology driven procedures and transitional rules, creating potential uncertainties over thresholds, definition of reasonable opportunity, procedural delays, and modernization.

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      Individual, HUF, association of persons, body of individuals, artificial juridical person.

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      Tax rates under Part I-B of the First Schedule applicable for the tax year 2026-27

      With effect from tax year 2026-27, the following rates provided under section 202 of the Act shall be the rates applicable for determining the income-tax payable in respect of the total income of a person, being an individual or Hindu undivided family or association of persons [other than a co-operative society], or body of individuals, whether incorporated or not, or an artificial juridical person referred to in section 2(77)(g) of the Act:—

      Sl. No.

      Total income

      Rate of tax

      (1)

      (2)

      (3)

      1.

      Upto ₹ 4,00,000

      Nil

      2.

      From ₹ 4,00,001 to ₹ 8,00,000

      5%

      3.

      From ₹ 8,00,001 to ₹ 12,00,000

      10%

      4.

      From ₹ 12,00,001 to ₹ 16,00,000

      15%

      5.

      From ₹ 16,00,001 to ₹ 20,00,000

      20%

      6.

      From ₹ 20,00,001 to ₹ 24,00,000

      25%

      7.

      Above ₹ 24,00,000

      30%

      2. However, if such person exercises the option under 202(4) of the Act, the rates as provided in Part I-B of the First Schedule shall be applicable.

      3. Paragraph A of Part I-B of the First Schedule to the Bill provides following rates of income-tax:—

      (i) The rates of income-tax in the case of every individual (other than those mentioned in (ii) and (iii) below) or HUF or every association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in section 2(77)(g) of the Act (not being a case to which Paragraph B, C, D, and E of Part I-B applies) are as under:—

      (1)

      Upto ₹ 2,50,000

      Nil

      (2)

      From ₹ 2,50,001 to ₹ 5,00,000

      5%

      (3)

      From ₹ 5,00,001 to ₹ 10,00,000

      20%

      (4)

      Above ₹ 10,00,000

      30%

      (ii) In the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the tax year,—

      (1)

      Upto ₹ 3,00,000

      Nil

      (2)

      From ₹ 3,00,001 to Rs.5,00,000

      5%

      (3)

      From ₹ 5,00,001 to Rs.10,00,000

      20%

      (4)

      Above ₹ 10,00,000

      30%

      (iii) in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the tax year,—

      (1)

      Upto ₹ 5,00,000

      Nil

      (2)

      From ₹ 5,00,001 to Rs.10,00,000

      20%

      (3)

      Above ₹ 10,00,000

      30%

      4. The amount of income-tax computed in accordance with the preceding provisions of this Paragraph (including capital gains under section 196, 197 and 198), shall be increased by a surcharge at the rate of,—

      (a) having a total income (including the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of 10% of such income-tax;

      (b) having a total income (including the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding one crore rupees but not exceeding two crore rupees, at the rate of 15% of such income-tax;

      (c) having a total income (excluding the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding two crore rupees but not exceeding five crore rupees, at the rate of 25% of such income-tax;

      (d) having a total income (excluding the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding five crore rupees, at the rate of 37% of such income-tax;

      (e) having a total income (including the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of 15% of such income-tax.

      4.1 Provided that in case where the total income includes any dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act, the rate of surcharge on the amount of income-tax computed in respect of that part of income shall not exceed 15%.

      4.2 Provided further that in case of an association of persons consisting of only companies as its members, the rate of surcharge on the amount of income-tax shall not exceed 15%.

      4.3 Further, for person whose income is chargeable to tax under section 202 of the Act, the surcharge at the rate 37% on the income or aggregate of income of such person (excluding the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding five crore rupees shall not be applicable. In such cases, the surcharge shall be restricted to 25%.

      5. Marginal relief is provided in cases of surcharge.

       


      Full Text:

      Union Budget 2026-27 - Finance Bill, 2026

      Topics

      ActsIncome Tax