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India - Income Tax Act 2010 - Saarc

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1.911 CH. XXI - PENALTIES IMPOSABLE S. 271C58[Failure to get accounts audited.271B. If any person fails 59 [***] to get his accounts audited in respect of anyprevious year or years relevant to an assessment year or 60 [furnish areport of such audit as required under section 44AB], the 61 [Assessing] Officermay direct that such person shall pay, by way of penalty, a sum equal to one-halfper cent of the total sales, turnover or gross receipts, as the case may be, inbusiness, or of the gross receipts in profession, in such previous year or years ora sum of 61a [one hundred thousand rupees], whichever is less.]62[Penalty for failure to furnish report under section 92E.271BA. If any person fails to furnish a report from an accountant as required bysection 92E, the Assessing Officer may direct that such person shall pay,by way of penalty, a sum of one hundred thousand rupees.]63[Failure to subscribe to the eligible issue of capital.271BB. Whoever fails to subscribe any amount of subscription to the unitsissued under any scheme referred to in sub-section (1) of section 88A 64to the eligible issue of capital under that sub-section within the period of sixmonths specified therein, may be directed by the 65 [Joint] Commissioner to pay,by way of penalty, a sum equal to twenty per cent of such amount.]66[Penalty for failure to deduct tax at source.271C. 67 [(1) If any person fails to—(a) deduct the whole or any part of the tax as required by or under theprovisions of Chapter XVII-B; or58. Inserted by the Finance <strong>Act</strong>, 1984, w.e.f. 1-4-1985.59. Words “, without reasonable cause,” omitted by the <strong>Tax</strong>ation Laws (Amendment &Miscellaneous Provisions) <strong>Act</strong>, 1986, w.e.f. 10-9-1986.60. Substituted for “obtain a report of such audit as required under section 44AB or furnishthe said report along with the return of his income filed under sub-section (1) of section139, or along with the return of income furnished in response to a notice under clause (i)of sub-section (1) of section 142” by the Finance <strong>Act</strong>, 1995, w.e.f. 1-7-1995. Earlier certainwords were inserted in the quoted portion by the Finance <strong>Act</strong>, 1988, w.e.f. 1-4-1989.61. Substituted for “<strong>Income</strong>-tax” by the Direct <strong>Tax</strong> Laws (Amendment) <strong>Act</strong>, 1987, w.e.f.1-4-1988.61a. Words “one hundred fifty thousand rupees” shall be substituted for “one hundredthousand rupees” by the Finance <strong>Act</strong>, <strong>2010</strong>, w.e.f. 1-4-2011.62. Inserted by the Finance <strong>Act</strong>, 2001, w.e.f. 1-4-2002.63. Inserted by the Finance <strong>Act</strong>, 1990, w.e.f. 1-4-1990.64. Section 88A has now been omitted by the Finance (No. 2) <strong>Act</strong>, 1996, w.r.e.f. 1-4-1994.65. Substituted for “Deputy” by the Finance (No. 2) <strong>Act</strong>, 1998, w.e.f. 1-10-1998.66. Inserted by the Direct <strong>Tax</strong> Laws (Amendment) <strong>Act</strong>, 1987, w.e.f. 1-4-1989.67. Substituted by the Finance <strong>Act</strong>, 1997, w.e.f. 1-6-1997. Prior to its substitution, sub-section(1), as inserted by the Direct <strong>Tax</strong> Laws (Amendment) <strong>Act</strong>, 1987, w.e.f. 1-4-1989 andamended by the Finance <strong>Act</strong>, 1990, w.e.f. 1-4-1990, read as under :“(1) If any person fails to deduct the whole or any part of the tax as required by or underthe provisions of Chapter XVII-B, he shall be liable to pay, by way of penalty, a sum equalto the amount of the tax which he failed to deduct as aforesaid.”

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