Offences and Prosecutions under the Income Tax Act. This is a summarized sheet containing the Offences & Prosecutions under the Income Tax Act. Apart from penalty for various defaults, the Income-tax Act also contains provisions for launching prosecution proceedings against the taxpayers for various offences. In this part you can gain knowledge about the various provisions relating to prosecution which can be launched under the Income-tax Act. Now you can scroll down below n check more details for “Offences and Prosecutions under the Income Tax Act”
Offences and Prosecutions under the Income Tax Act
| Section No. | Particulars | Penalty/ Imprisonment |
| 275A | Contravention of order made under the second proviso to sub-section (1) or sub- section (3) of section 132 regarding search and seizure | Upto 2 Years (+) fine |
| 275B | Failure to afford the authorized officer the necessary facility to inspect the books of account or other documents as required under section 132(1)(iib) | Upto 2 years (+) fine |
| 276 | Removal, concealment, transfer or delivery of property to thwart tax recovery | Upto 2 years (+) fine |
| 276A | Failure to comply with the provisions of section 178(1) and (3) regarding company in liquidation or parting with any of the assets of the company or the properties in his hands in contravention of the provision of sections 178(1) and (3). | 6 months to 2 years |
| 276AB | 276AB surrendering of property to Central Government as required by (i) section 115-O(2); or (ii) Second proviso to section 194B | 6 months to 2 years |
| 276B | Failure to pay to the Central Government, tax deducted under the provisions of Chapter XVII-B or the tax payable by him | 3 months to 7 years (+) fine |
| 276BB | Failure to pay to the Central Government tax collected under section 206C | 3 months to 7 years (+) fine |
| 276C(1) | Wilful attempt to evade tax, penalty or interest. | Evaded tax exceeding 25
lakhs: 6 months to 7 years (+) fine Other cases: 3 months to 2 years (+) fine |
| 276C(2) | Wilful attempt to evade payment of tax, penalty or interest. | 3 months to 2 years (+) fine, at the discretion of the court. |
| 276CC | Wilful failure to furnish in due time a return of income u/s 139(1) or u/s 142(1)(i) or u/s 148 or u/s 153A.
Note: If return of income under section 139(1) is furnished before expiry of the assessment year or the tax payable by him on the total income determined on regular assessment reduced by advance tax and TDS does not exceed ` 3000 – No prosecution. | Evaded tax exceeding 25 lakh: 6 months to 7 years (+) fine Other cases: 3 months to 2 years (+) fine |
| 276D
| Willful failure to produce accounts and documents under section 142(1)/ 142(2A) | Up to one year (+) fine |
| 277 | False statements in verification. | Evaded tax exceeding 25 lakh: 6 months to 7 years (+) fine
In other cases: 3 months to 2 years (+) fine |
| 277A | Falsification of books or documents, etc. to induce or abet any person to evade any tax, penalty or interest chargeable or imposable under the Act. It is not necessary to prove that the other person has actually evaded any tax, penalty or interest chargeable or imposable under the Act for the purpose of establishing the charge under this section. | Imprisonment of 3 months to 2 years (+) fine |
| 278 | Abetment of false return etc. (relating to any income chargeable to tax) | Evaded tax exceeding 25 lakhs: 6 months to 7 years (+) fine
In other cases: 3 months to 2 years (+) fine |
| 278A | Second and subsequent offences under section 276B, 276C(1), 276CC, 276DD, 276E, 277, 278. | 6 months to 7 years for every subsequent offence (+) fine |
| 280(1) | Disclosure of particulars by public servants in contravention of Section 138(2). Prosecution after previous sanction of Central Government under section 280(2). | Up to 6 months (+) fine |
Must read –