Section 272A of Income Tax Act "Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc"
272A. (1) If any person,-
(a) being legally bound to state the truth of any matter
touching the subject of his assessment, refuses to answer
any question put to him by an income-tax authority in the
exercise of its powers under this Act; or
(b) refuses to sign any statement made by him in the course
of any proceedings under this Act, which an income-tax
authority may legally require him to sign; or
(c) to whom a summons is issued under sub-section (1) of
section 131 either to attend to give evidence or produce
books of account or other documents at a certain place and
time omits to attend or produce books of account or
documents at the place or time; or
(d) fails to comply with a notice under sub-section (1) of
section 142 or sub-section (2) of section 143 or fails to
comply with a direction issued under sub-section (2A) of
section 142,
he shall pay, by way of penalty, a sum of ten thousand
rupees for each such default or failure.
(2) If any person fails-
(a) to comply with a notice issued under sub-section (6) of
section 94; or
(b) to give the notice of discontinuance of his business or
profession as required by sub-section (3) of section 176; or
(c) to furnish in due time any of the returns, statements or
particulars mentioned in section 133 or section 206 or
section 206C or section 285B; or
(d) to allow inspection of any register referred to in
section 134 or of any entry in such register or to allow
copies of such register or of any entry therein to be taken;
or
(e) to furnish the return of income which he is required to
furnish under sub-section (4A) or sub-section (4C) of
section 139 or to furnish it within the time allowed and in
the manner required under those sub-sections; or
(f) to deliver or cause to be delivered in due time a copy
of the declaration mentioned in section 197A; or
(g) to furnish a certificate as required by section 203 or
section 206C; or
(h) to deduct and pay tax as required by sub-section (2) of
section 226;
(i) to furnish a statement as required by sub-section (2C)
of section 192;
(j) to deliver or cause to be delivered in due time a copy
of the declaration referred to in sub-section (1A) of
section 206C;
(k) to deliver or cause to be delivered a copy of the
statement within the time specified in sub-section (3) of
section 200 or the proviso to sub-section (3) of section
206C;
(l) to deliver or cause to be delivered the statements
within the time specified in sub-section (1) of section
206A;
(m) to deliver or cause to be delivered a statement within
the time as may be prescribed under sub-section (2A) of
section 200 or sub-section (3A) of section 206C,
he shall pay, by way of penalty, a sum of one hundred rupees
for every day during which the failure continues:
Provided that the amount of penalty for failures in relation
to a declaration mentioned in section 197A, a certificate as
required by section 203 and returns under sections 206 and
206C and statements under sub-section (2A) or sub-section
(3) of section 200 or the proviso to sub-section (3) or
under sub-section (3A) of section 206C shall not exceed the
amount of tax deductible or collectible, as the case may be:
Provided further that no penalty shall be levied under this
section for the failure referred to in clause (k), if such
failure relates to a statement referred to in sub-section
(3) of section 200 or the proviso to sub-section (3) of
section 206C which is to be delivered or caused to be
delivered for tax deducted at source or tax collected at
source, as the case may be, on or after the 1st day of July,
2012.
(3) Any penalty imposable under sub-section (1) or
sub-section (2) shall be imposed-
(a) in a case where the contravention, failure or default in
respect of which such penalty is imposable occurs in the
course of any proceeding before an income-tax authority not
lower in rank than a Joint Director or a Joint Commissioner,
by such income-tax authority;
(aa) in a case falling under clause (d) of sub-section (1),
by the income-tax authority who had issued the notice or
direction referred to therein;
(b) in a case falling under clause (f) of sub-section (2),
by the Principal Chief Commissioner or Chief Commissioner or
Principal Commissioner or Commissioner; and
(c) in any other case, by the Joint Director or the Joint
Commissioner.
(4) No order under this section shall be passed by any
income-tax authority referred to in sub-section (3) unless
the person on whom the penalty is proposed to be imposed is
given an opportunity of being heard in the matter by such
authority.
Explanation.-In this section, "income-tax authority"
includes a Principal Director General or Director General,
Principal Director or Director, Joint Director and an
Assistant Director or Deputy Director while exercising the
powers vested in a court under the Code of Civil Procedure,
1908 (5 of 1908), when trying a suit in respect of the
matters specified in sub-section (1) of section 131.