Income-tax Act,1961
Act No : 43
Section :
Failure to give notice of discontinuance.
5[272. Failure to give notice of discontinuance.-Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.] 5[272A. Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc. (1) If any person,- ------------------------------------------------------------------------ 1 Inserted by the Finance Act, 1990, w.e.f. 1-4-1990. 2 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 3 Inserted by the Finance Act, 1990, w.e.f. 1-4-1990. 4 ibid. 5 Prior to the omission section 272 read as under: "272. Failure to give notice of discontinuance.-Where any person fails to give the notice of discontinuance of his business or profession as required by sub-section (3) of section 176, the Assessing Officer may direct that a sum shall be recovered from him by way of penalty which shall not be less than 10 per cent of the tax but which shall not exceed the amount of tax subsequently assessed on him in respect of any income of the business or profession up to the date of its discontinuance." 6 Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, section 272A, as inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976 and amended by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978; Finance Act, 1982, w.e.f. 1-6-1982; Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986 and Finance Act, 1987, w.e.f. 1-6-1987, read as under: "272A. Penalty for failure to answer questions, sign statements, allow inspections, etc.-(1) If any person,- (a) being legally bound to state the truth of any matter touching the subject of his assessment, refuses to answer any question demanded of him by an Assessing Officer or a Deputy Commissioner (Appeals) or a Deputy Commissioner or a Commissioner (Appeals) or a Chief Commissioner or Commissioner in the exercise of his powers under this Act; or (b) refuses to sign any statement made by him in the course of any proceeding under this Act which an Assessing Officer or a Deputy Commissioner (Appeals) or a Deputy Commissioner or a Commissioner (Appeals) or a Chief Commissioner or Commissioner may legally require him to sign, he shall pay, by way of penalty, a sum which may extend to one thousand rupees. (2) If a person fails,- (a) to furnish in due time any of the returns or statements mentioned in section 133, section 206 or section 285B; or (b) to allow inspection of any register referred to in section 134 or of any entry in such register or to allow copies of such register or of any entry therein -> -> 1.775 (a) being legally bound to state the truth of any matter touching the subject of his assessment, refuses to answer any question put to him by an income-tax authority in the exercise of its powers under this Act; or (b) refuses to sign any statement made by him in the course of any proceedings under this Act, which an income-tax authority may legally require him to sign; or (c) to whom a summons is issued under sub-section (1) of section 131 either to attend to give evidence or produce books of account or other documents at a certain place and time omits to attend or produce books of account or documents at the place or time; or (d) fails to comply with the provisions of section 139A, he shall pay, by way of penalty, a sum which shall not be less than five hundred rupees but which may extend to ten thousand rupees for each such default or failure. 1(2) If any person fails- (a) to comply with a notice issued under sub-section (6) of section 94; or (b) to give the notice of discontinuance of his business or profession as required by sub-section (3) of section 176; or (c) to furnish in due time any of the returns, statements or particulars mentioned in section 133 or section 206 or section 206A or section 206B 2[or section 206C] or section 285B; or (d) to allow inspection of any register referred to in section 134 or of any entry in such register or to allow copies of such register or of any entry therein to be taken; or to be taken; or- ----------------------------------------------------------------------- (ba) to deliver or cause to be delivered in due time a copy of the declaration mentioned in section 197A; or (c) to furnish a certificate as required by section 203; or (d) to deduct and pay tax as required by sub-section (2) of section 226, he shall pay, by way of penalty, a sum which may extend to ten rupees for every day during which the failure continues. (3) Any penalty imposable under sub-section (1) or sub-section (2) shall be imposed,- (a) in a case where the contravention, failure or default in respect of which such penalty is imposable occurs in the course of any proceeding before the Chief Commissioner or Commissioner or the Commissioner (Appeals) or the Deputy Commissioner (Appeals), by the Chief Commissioner or Commissioner or the Commissioner (Appeals) or, as the case may be, the Deputy Commissioner (Appeals); (aa) in a case falling under clause (ba) of sub-section (2), by the Chief Commissioner or Commissioner; and (b) in any other case, by the Deputy Commissioner. (4) No order under this section shall be passed by any officer referred to in subsection (3) unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter by such officer." 2 Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. ----------------------------------------------------------------------- 1.776 (e) to furnish the return of income which he is required to furnish under sub-section (4A) of section 139 or to furnish it within the time allowed and in the manner required under that sub-section; (f) or to deliver or cause to be delivered in due time a copy of the declaration mentioned in section 197A; or (g) to furnish a certificate as required by section 203 1[or section 206C];or (h) to deduct and pay tax as required by sub-section (2) of section 226; he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees, for every day during which the failure continues: 2 [Provided that the amount of penalty for failures in relation to returns under sections 206 and 206C shall not exceed the amount of tax deductible or collectible, as the case may be.] (3) Any penalty imposable under sub-section (1) or sub-section (2) shall be imposed- (a) in a case where the contravention, failure or default in respect of which such penalty is imposable occurs in the course of any proceeding before an income-tax authority not lower in rank than a Deputy Director or a Deputy Commissioner, by such income-tax authority; (b) in a case falling under clause (f) of sub-section (2), by the Chief Commissioner or Commissioner; and (c) in any other case, by the Deputy Director or the Deputy Commissioner. (4) No order under this section shall be passed by any income- tax authority referred to in sub-section (3) unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter by such authority. Explanation.-In this section, "income-tax authority" includes a Director General, Director, Deputy Director and an Assistant Director while exercising the powers vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the matters specified in sub-section (1) of section 131.] 3 [272AA. Penalty for failure to comply with the provisions of section 133B (1) If a person 4[* fails to comply with the provisions of section 133B, he shall, on an order passed by the 5[Deputy] Commissioner, 6[Assistant Director] or the 7[Assessing] Officer, as the case may be, pay, by way of penalty, a sum which may extend to one thousand rupees. ---------------------------------------------------------------------- 1 Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. 2 Ibid. 3 Inserted by the Finance Act, 1986, w.e.f. 13-5-1986. 4 The words, "without reasonable cause," omitted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9- 1986. 5 Substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 6 Substituted for "Assistant Director of Inspection", ibid. 7 Substituted for "Income-tax', ibid. ------------------------------------------------------------------------- 1.777 (2) No order under sub-section (1) shall be passed unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter. 1[272B. Penalty for failure to comply with the provisions of section 139A.Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 1989. It was inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.] 2[272BB. Penalty for failure to comply with the provisions of section 203A (1) If a person fails to comply with the provisions of section 203A, he shall, on an order passed by the 3[Assessing] Officer, pay, by way of penalty, a sum which may extend to five thousand rupees. (2) No order under sub-section (1) shall be passed unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter.]
