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Statutory Provisions

Home Acts & Rules Bill Bills DIRECT TAXES CODE, 2010 Chapters List Chapter XIV PENALTIES This

Clause 232 - Penalty for other defaults. - DIRECT TAXES CODE, 2010

DIRECT TAXES CODE, 2010
Chapter XIV
PENALTIES
  • Contents

Penalty for other defaults.

232. (1) A person shall be liable to a penalty if he has, without reasonable cause, failed to—

          (a) keep and maintain any books of account and other documents as required by section 87 for any financial year or to retain such books of account and other documents in accordance with the rules made thereunder;

          (b) get his accounts audited in respect of any financial year or obtain and furnish a report of such audit as required by section 88;

          (c) deduct the whole, or any part, of the tax as required by the provisions of Sub-chapter A of Chapter XIII;

          (d) collect the whole, or any part, of the tax as required by the provisions of Sub-chapter B of Chapter XIII;

          (e) pay the whole, or any part, of the tax as required by section 198 or section 202;

          (f) pay any sum as required by notice under section 162;

          (g) furnish the return of tax bases under section 144 by the end of the financial year in which such return is due;

          (h) comply with the provisions of section 294;

          (i) furnish the information as required under section 140;

          (j) answer any question put to him by an income-tax authority in the exercise of its powers under this Code;

          (k) sign any statement made by him in the course of any proceedings under this Code which an income-tax authority may legally require him to sign;

          (l) attend or produce books of account or documents at the place or time, if he is required to attend or to give evidence or produce books of account or other documents, at certain place and time in response to summons issued under sub-section (1) of section 134;

         (m) furnish in time the return of tax deduction as required under section 198;

         (n) furnish in time the return of tax collection as required under section 202;

         (o) furnish a certificate to the deductee as required by section 198;

         (p) furnish a certificate to the buyer, lessee or licensee as required by section 202;

         (q) deduct and pay tax as required by sub-section (2) of section 220;

         (r) deliver, or cause to be delivered, a return in respect of payment of interest as required by sub-section (1) of section 199;

         (s) deliver, or cause to be delivered, a return in respect of payment as required by sub-section (3) of section 199;

         (t) comply with the provisions of section 292;

         (u) comply with the provisions of section 293;

         (v) comply with a notice issued under section 146 or section 150 or directions under section 151; or

         (w) furnish the annual information return as required by section 295.

   (2) The penalty referred to in sub-section (1) shall be any sum—

        (a) which shall not be less than fifty thousand rupees but which shall not exceed two lakh rupees, in the cases referred to in clause (a) or clause (b) of subsection (1);

        (b) which shall not be less than twenty-five per cent. but which shall not exceed the amount, of tax deductible or collectible or payable, as the case may be, in the cases referred to in clauses (c) to (f) of sub-section (1);

        (c) equal to five thousand rupees, in the case referred to in clause (g) of subsection (1);

        (d) equal to the amount of loan or deposit taken or accepted, or repaid, as the case may be, in the case referred to in clause (h) of sub-section (1);

        (e) which shall not be less than five thousand rupees but which shall not exceed one lakh rupees, in any other case referred to in sub-section (1).

 
 
 
 

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