Rationalization of the provisions of sections 271AAB, 271AAC and 271AAD of the IT Act



Quick Summary
The Income Tax Act's penalty provisions under Chapter XXI, specifically sections 271AAB, 271AAC, and 271AAD, are being rationalised. These sections currently empower the Assessing Officer to levy penalties for issues like undisclosed income or false entries in books of account. To enhance deterrence against tax non-compliance, the government is amending these sections to allow the Commissioner (Appeals) to also levy penalties alongside the Assessing Officer. These changes come into effect from 1st April 2022.

1. Sections 271AAB, 271AAC and 271AAD of the Act under Chapter XXI contain provisions that give powers to the Assessing Officer to levy penalty in cases involving undisclosed income in cases where search has been initiated u/s 132 or otherwise, or for false entry etc. in books of account.

2. Under Chapter XXI of the Act which deals with penalties, Commissioner (Appeals) has concomitant powers with Assessing Officer to levy penalty in eligible cases under section 270A, section 271, section 271A, section 271AA, section 271G, section 271J which deal with deliberate concealment, non-disclosure and omission by an assessee to evade tax.

IT Act Penalties: Sections 271AAB, 271AAC, 271AAD Rationalised

3. Similarly, sections 271AAB, 271AAC, 271AAD penalise actions pertaining to undisclosed income, unexplained credits or expenditures, or deliberate falsification or omission in books of accounts. Therefore, in order to improve deterrence against non-compliance among taxpayers, it is proposed to amend the sections 271AAB, 271AAC and 271AAD by enabling the Commissioner (Appeals) to levy penalty under these sections to the along with Assessing Officer.

4. These amendments will take effect from 1st April, 2022.

[Clauses73, 74 and 75]

FAQ :

These sections of the Income Tax Act, under Chapter XXI, grant powers to the Assessing Officer to impose penalties in cases involving undisclosed income, unexplained credits or expenditures, or false entries/omissions in books of account, particularly when searches have been initiated.

The primary aim is to improve deterrence against non-compliance among taxpayers by expanding the authority to levy penalties.

Following the amendments, both the Assessing Officer and the Commissioner (Appeals) will be able to levy penalties under sections 271AAB, 271AAC, and 271AAD.

These amendments are effective from 1st April 2022.

These sections penalise actions pertaining to undisclosed income, unexplained credits or expenditures, or deliberate falsification or omission in books of accounts.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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