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Act Rules Bills
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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 Rules Bills
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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 Rules Bills
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 Rules Bills
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 Rules Bills
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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 Rules Bills
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 Rules Bills
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 Rules Bills
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 Rules Bills
Show AI Summary
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.
Act Rules Bills
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Cash transaction penalty: acceptance of prohibited loans or deposits triggers penalty equal to amount received under the new clause.
Clause 450 imposes a penalty equal to the amount of any loan, deposit or specified sum taken or accepted in contravention of the substantive prohibition, centralizes authority to impose that penalty with the Assessing Officer, and leaves key interpretive and procedural questions-such as the definition of "specified sum", the availability of a reasonable cause exception, and limitation and hearing procedures-to be clarified elsewhere in the Bill or by administrative guidance.
Act Rules Bills
Show AI Summary
Penalty for failure to collect tax at source: Assessing Officer may impose penalty equal to uncollected tax, discretion noted.
Clause 449 provides that any person required under Chapter XIX-B who fails to collect the whole or part of tax may be liable to a penalty equal to the amount of tax not collected, with the Assessing Officer empowered to impose that penalty; the clause covers total and partial failures, fixes the penalty quantum as equal to the uncollected tax, and does not expressly provide a reasonable cause exception.
Act Rules Bills
Show AI Summary
Penalty for failure to deduct tax at source: equal to unpaid tax, imposed at Assessing Officer's discretion.
Clause 448 penalises failure to deduct, pay, or ensure payment of tax at source under Chapter XIX-B and specified notes, imposing a penalty equal to the tax unpaid and vesting discretion to impose that penalty in the Assessing Officer; the clause covers partial failures and obligations to ensure payment but is silent on an explicit reasonable cause defence.
Act Rules Bills
Show AI Summary
Failure to furnish accountant's report under section 172 may attract fixed statutory penalty; procedural safeguards need clarification.
Clause 447 authorises the Assessing Officer to impose a fixed penalty of one lakh rupees for failure to furnish an accountant's report as required by section 172; the provision mirrors Section 271BA in structure and intent, emphasising a uniform fixed penalty to enforce documentary compliance, while raising issues about the scope of section 172, the absence of an explicit reasonable cause exception, and procedural safeguards such as show cause notice and opportunity to be heard.
Act Rules Bills
Show AI Summary
Audit compliance penalty: failure to obtain or file mandated audit reports may attract a capped percentage-based sanction.
Clause 446 penalizes failure to obtain a mandatory audit or to furnish the audit report under s.63 by authorizing the Assessing Officer to impose a penalty equal to the lesser of a percentage of total sales, turnover or gross receipts for the relevant tax year(s) or a fixed monetary cap, thereby targeting both non-audit and non-filing conduct and centralizing enforcement discretion under a proportional, capped sanction.
Act Rules Bills
Show AI Summary
Penalty for diversion of charitable funds: escalating sanctions for benefits to related persons under the new income tax framework.
Clause 445 links penalties to the charging of "specified income" under section 337 where a registered non-profit applies income for the benefit of a related person. It covers direct and indirect benefits, vests discretion in the Assessing Officer to impose a monetary penalty during proceedings, prescribes an equal-amount penalty for the first violation and a doubled penalty for subsequent violations, and does not require proof of mens rea.
Act Rules Bills
Show AI Summary
Penalty for false accounting entries: false or omitted entries made to evade tax attract a penalty equal to the entry amount.
Penalty for false or omitted accounting entries applies where entries are material to computation of total income and made with intent to evade tax; penalty equals the aggregate amount of the false or omitted entry, extends to anyone who causes such entries, and covers use or intention to use forged documents, invoices without actual supply/receipt, and invoices involving non existent persons, with Assessing Officer and specified appellate officers empowered to impose the sanction.
Act Rules Bills
Show AI Summary
Penalty for undisclosed income: fixed tax-based sanction added to assessed tax for unexplained income, with limited exceptions.
Clause 443 authorises tax officers and appellate commissioners to impose a fixed additional penalty on tax computed in respect of income determined from specified unexplained sources, while exempting amounts voluntarily disclosed and taxed within the relevant year, and barring a duplicate penalty under an alternate penalty provision; procedural safeguards in designated procedural sections apply to the imposition and appeal of the penalty.
Act Rules Bills
Show AI Summary
Documentation penalties: new clause preserves ad valorem and flat penalties, reinforcing strict transfer pricing compliance for cross border transactions.
Clause 442 establishes penalties for failures to maintain, report, or furnish accurate documentation for international transactions and specified domestic transactions, comprising an ad valorem penalty imposed by the Assessing Officer or Commissioner (Appeals) for non maintenance, non reporting or incorrect information, and a prescribed authority's power to levy a flat monetary penalty for failure to furnish required information; the provision largely mirrors Section 271AA but omits an explicit "without prejudice" clause and does not address reasonable cause or proportionality concerns.
Act Rules Bills
Show AI Summary
Record keeping obligation triggers fixed penalty for non maintenance or non retention of prescribed tax records, raising proportionality concerns.
Clause 441 imposes a fixed penalty for failure to keep, maintain, or retain prescribed books of account and documents as required by the statutory reference provision, and vests authority to impose the penalty in the Assessing Officer and appellate officers. The clause applies an objective standard of liability, omits an explicit savings clause preserving other penalty provisions, and contains no express exception for reasonable cause, raising issues of cumulative penalties and proportionality.
Act Rules Bills
Show AI Summary
Immunity from penalty: mechanism to obtain protection from penalty and prosecution when tax is paid and no appeal is filed.
Clause 440 permits an assessee to apply for immunity from penalty and prosecution where tax and interest under the assessment/reassessment order are paid within the notice period and no appeal is filed; the application must be made within one month in prescribed form, the AO must decide within three months after giving opportunity of being heard, immunity is granted only after the appeal period expires and excludes cases of aggravated defaults, and an order on immunity is final and bars appeal or revision if accepted.

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OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

3 February, 2020

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Budget 2020-21 + FINANCE BILL, 2020

S.No

Heading, sub-heading, tariff item

Commodity

From

To

 

 

Animals

 

 

1.

0101 21 00

Pure-bred breeding horses

30%

Nil

 

 

Fuels, Chemicals and Plastics

 

 

2.

27

Very low Sulphur fuel oil meeting ISO 8217:2017 RMG380 Viscosity in 220-400 CST standards/Marine Fuel 0.5% (FO), under the same conditions as available to IFO 180 CST and IFO 380 CST under entry at S. No. 139 of notification No. 50/2017-Customs dated 30.06.2017.

10%

Nil

3.

2713 12 10, 2713 1290

Calcined Petroleum Coke

10%

7.5%

4.

2843

Colloidal precious metals; compounds of precious metals; amalgams of precious metals

7.5%

10%

5.

2916 12 10

Butyl Acrylate

5%

7.5%

6.

3907 99 90

Polyester Liquid Crystal Polymers (LCP) for use in manufacture of connectors

7.5%

 Nil

7.

3920 10 99

Calendared plastic sheets for use in manufacturing of smart cards

10%

5%

 

 

Paper Industry

 

 

8.

48

a) Newsprint, if the importer, at the time of import is an establishment registered with the Registrar of Newspapers, India (RNI)

b) Uncoated paper used for printing newspaper, if the importer, at the time of import' is an establishment registered with the Registrar of Newspapers, India (RNI)

c) Lightweight coated paper used for printing magazines, subject to end-use conditions

10%

5%

 

 

Sports Goods

 

 

9.

44

List of items allowed duty free import up to 3% of FOB value of sports goods exported in the preceding financial year is being amended to include-Willow

Applicable rate

Nil

 

 

Precious Stones and Metals

 

 

10.

7108

Gold used in the manufacture of semiconductor devices or light emitting diodes

Nil

12.5%

11.

7103

Rubies, emeralds, sapphires - unset and imported uncut

Nil

0.5%

12.

7103

Rough coloured gemstones

Nil

0.5%

13.

7103

Rough semi-precious stones

Nil

0.5%

14.

7103

Pre-forms of precious and semi-precious stones

Nil

0.5%

15.

7104

Rough synthetic gemstones

Nil

0.5%

16.

7104

Rough cubic zirconia

Nil

0.5%

17.

7104

Polished Cubic Zirconia

5%

7.5%

18.

7110

Platinum or Palladium used in manufacture of-.

a) All goods, including Noble Metal Compounds and Noble Metal Solutions [2843]

b) Catalyst with precious metal or precious metal compounds as the active substance [3815 12]

12.5%

7.5%

19.

7112

Spent Catalyst/Ash containing precious metal like gold from which such precious metal is retrieved subject to specified conditions.

12.5%

11.85%

 

 

Machinery

 

 

20.

84

Goods specified in List 10 of Notification No. 50/2017-Customs dated 30.62017, required for use in high voltage power transmission project

5%

7.5%

21.

8432 80 20

Rotary tillers/weeder

2.5%

7.5%

22.

84 or any other Chapter

Goods specified in List 14 of Notification No. 50/2017 - Customs dated 30.6.2017, required for construction of road like paver finisher, machines for filling up cracks in roads, mobile bridge inspection units etc.

Nil

Applicable BCD

23.

8501

Motors like Single Phase AC motors, Stepper motors, Wiper Motors etc.

7.5%

10%

 

 

Electronic goods, parts thereof

 

 

24.

74

Copper and articles thereof used in manufacturing of specified electronic items

Nil

Applicable BCD

25.

8504 40

Specified Chargers and power adapters

Applicable BCD

20%

26.

8517 70 10

PCBA of Cellular mobile phones (with effect from 01.04.2020)

10%

20%

27.

8517 70 90

Fingerprint readers/scanner, for use in Cellular mobile phones

Nil

15%

28.

8517 70 90

Vibrator/Ringer of Cellular mobile phones(with effect from 01.10.2020)

Nil

10%

29.

8517 70 90

Display Panel and Touch Assembly of Cellular mobile phones (with effect from 01.10.2020)

Nil

10%

30.

8518 30 00

Headphones and Earphones

Applicable BCD

15%

31.

8518 90 00

Following parts of Microphone for use in manufacture of Microphone namely,

a) microphone cartridge

b) microphone holder

c) microphone grill

d) microphone body

10%

Nil

32.

8538

Micro-fuse base, sub-miniature fuse base, Micro-fuse Cover and sub-miniature fuse cover for use in manufacture of micro fuse and sub-miniature fuse.

7.5%

Nil

 

 

Automobile and automobile parts

 

 

33.

2843

Noble metal solutions and noble metal compounds used in manufacture of catalytic converter and their parts

5%

10%

34.

7110

Platinum or Palladium used in manufacturing of catalytic converter and their parts

5%

Applicable BCD

35.

84 or any other Chapter

(A) Parts of catalytic converter tor manufacture of catalytic converters.

(B) The following goods for use in the manufacture of catalytic converters and its parts, namely: -

(i) Raw substrates (ceramics)

(ii) Wash coated substrates (ceramics)

(iii) Raw substrates (metal)

(iv) Wash coated substrates (metal)

(v) Stainless steel wire cloth stripe

(vi) Wash coat

5%

7.5%

36.

8702, 8704

Completely Built Units (CBUs) of commercial vehicles (other than electric vehicles) (with effect from 01.04.2020)

30%

40%

37.

8702, 8704

Completely Built Units (CBUs) of commercial electric vehicles (with effect from 01.04.2020)

25%

40%

38.

8703

Semi Knocked Down (SKD) forms of electric passenger vehicles (with effect from 01.04.2020)

15%

30%

39.

8702, 8704, 8711

Semi Knocked Down (SKD) forms of electric vehicles- Bus, Trucks and Two wheelers (with effect from 01.04.2020)

15%

25%

40.

8702, 8703, 8704, 8711

Completely Knocked Down (CKD) forms of electric vehicles - Passenger vehicles, Three wheelers, Two wheelers, Bus and Trucks (with effect from 01.04.2020)

10%

15%

 

 

Defence sector

 

 

41.

73,84,85,87,88,89,90,93

Exemption from import duty for specified military equipment, when imported by Defense PSUs and other PSUs for defence forces.

As applicable

Nil

 

 


Full Text:

Budget 2020-21 + FINANCE BILL, 2020

Topics

Acts Income Tax