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    Doctrine of Reasonable Cause in Tax Penalties : Clause 470 of the Income Tax Bill, 2025 Vs. Section ...
    Voluntary Disclosure and Penalty Waiver under Indian Tax Law : Clause 469 of the Income Tax Bill, 20...
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    Act RulesBills
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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.
    Act RulesBills
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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.
    Act RulesBills
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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.
    Act RulesBills
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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.
    Act RulesBills
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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.
    Act RulesBills
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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.
    Act RulesBills
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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.
    Act RulesBills
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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
    Show AI Summary
    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
    Show AI Summary
    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
    Show AI Summary
    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
    Show AI Summary
    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
    Show AI Summary
    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
    Show AI Summary
    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
    Show AI Summary
    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 IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
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      AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975   

       

      AMENDMENTS

      A.

      Tariff rate changes for  Basic Customs Duty [to be effective from 06.07.2019]*  [Clause [87(a)] of the Finance (No. 2) Bill, 2019]

      Rate of Duty

      S. No

      Heading, sub-heading tariff item

      Commodity

      From

      To

       

       

      Construction Materials

       

       

      1

      3918

      Floor covering of plastics, Wall or ceiling coverings of plastics

      10%

      15%

      2

           

      6905,

      6907

      Ceramic roofing tiles and ceramic flags and pavings, hearth or wall tiles 

      10%

      15%

      3

      8302

      Base metal fittings, mountings and similar articles suitable for furniture, doors, staircases, windows, blinds, hinge for auto mobiles 

      10%

      15%

       

       

      Precious Metals

       

       

      4

      7106

      Silver (including silver plated with gold or platinum) unwrought or in semimanufactured forms, or in powdered form

      10%

      12.5%

      5

      7107 00 00

      Base metals clad with silver, not further worked than semi-manufactured

      10%

      12.5%

      6

      7108

      Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form 

      10%

      12.5%

      7

      7109 00 00

      Base metals or silver, clad with gold, not further worked than semimanufactured

      10%

      12.5%

      8

      7110

      Platinum, unwrought or in semi-manufactured form, or in powder form

      10%

      12.5%

      9

      7111 00 00

      Base metals, silver or gold, clad with platinum, not further worked than semimanufactured

      10%

      12.5%

      10

      7112

      Waste and scrap of precious metals or of metal clad with precious metals; other waste and scrap containing precious metal compounds, of a kind used principally for the recovery of precious metal

      10%

      12.5%

       

       

      Automobile parts 

       

       

      11

      6813

      Friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials. 

      10%

      15%

      12

      7009

      Glass mirrors, whether or not framed, including rear-view mirrors

      10%

      15%

      13

      8301 20 00

      Locks of a kind used in motor vehicles 

      10%

      15%

      14

      8421 23 00

      Oil or petrol filters for internal combustion engines

      7.5%

      10%

      15

      8421 31 00

      Intake air-filters for internal combustion engines

      7.5%

      10%

      16

       

       8421 39 20,

      8421 39 90

      Air purifiers or cleaners and other filtering or purifying machinery and apparatus for gases 

      7.5%

      10%

      17

      8512 10 00,

      8512 20 10,

       8512 20 20

      Lighting or visual signaling equipment of a kind used in bicycles or motor vehicles 

      10%

         15%

      18

       

      8512 20 90,

      8512 30 90

      Other visual or sound signalling equipment for bicycles or motor vehicles

      7.5%

      15%

      19

      8512 30 10

      Horns for vehicles

      10%

      15%

      20

      8512 90 00

      Parts of visual or sound signalling equipment for bicycles or motor vehicles

      7.5%

      10%

      21

       

      8512 40 00,

      8539 10 00,

      8539 21 20,

      8539 29 40

      Windscreen wipers, defrosters and demisters, Sealed beam lamp units and other lamps for automobiles

      10%

      15%

      22

      8706

      Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705. 

      10%

      15%

      23

      8707

      Bodies (including cabs), for the motor vehicles of headings 8701 to 8705

      10%

      15%

       

       

      Electronics and Electrical equipments

       

       

      24

      8415 90 00

      Indoor and outdoor unit of split –system air conditioner

      10%

      20%

      25

      8518 21 00, 8518 22 00

      Loudspeaker

      10%

      15%

      26

      8521 90 90

      Digital Video Recorder (DVR) and Network Video Recorder (NVR)

      15%

      20%

      27

      8525 80 

      CCTV camera and IP camera

      15%

      20%

      28

      9001 10 00

      Optical Fibres, optical fibre bundles and cables

      10%

      15%

       

      Miscellaneous changes in Tariff Schedule

      29

      9804

      Chapter Note 7 to be inserted in Chapter 98 so as to exclude printed books imported for personal use from the purview of heading 9804. This heading covers all dutiable articles imported for personal use and attracts 28% IGST. This amendment would exclude printed books from this heading and they would be subject to the applicable merit rate.

      B.

      Amendments not affecting rates of duty [Clause  87(b)  of the Finance (No. 2) Bill, 2019]

      30

      First Schedule to the Customs Tariff Act, 1975 is amended to:

      (i) Create specific tariff lines for specific products, presently classified as others; (ii) Rectify the errors to align it with HSN.

      These changes would come into effect from a date to be notified by the Central Government in the official gazette.

      *  Will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931.   

       

       

       

      Topics

      ActsIncome Tax