Can penalty be initiated for unpaid declared tax in ITR

Can penalty be initiated for unpaid declared tax in ITR
Replies (1)
Following two section needs to be referred simultaneously, in order to understand the penalty amount in case of non-payment of whole or part of self-assessment tax or interest or fees –

1. Section 140A (3) of the Income Tax Act; and

2. Section 221 (1) of the Income Tax Act

As per section 140A (3), in case the taxpayer defaults in making payment of the whole or part of self-assessment tax or interest or fees, then, such taxpayer shall be ‘deemed to be an assessee in default’ to the extent of the unpaid tax or interest or fee.

Section 221 (1) levies penalty under the case when the taxpayer is ‘deemed to be an assessee in default’. As per said section, the penalty in such case would be an amount as directed by the Assessing Officer (AO). However, the maximum amount of penalty cannot exceed the amount of tax in arrears.

So the maximum penalty can be 100% of unpaid tax amount.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details