Section 271A – Penalty for failure to keep / maintain or retain books of accounts, documents etc.
Section 44AA of the Income Tax Act read with rule 6F of the Income Tax Rules requires certain specified persons, carrying on business or profession, to mandatorily keep / maintain books of accounts or other documents.
In case such person fails to keep / maintain or retain the required books of accounts or other documents, then, the person would be liable to pay the penalty under section 271A of the Income Tax Act, the same is taken up and explained under the present article.
The provisions of section 271A apply under the following situations –
It should be noted that, in case of failure, only the Assessing Officer or the Commissioner (Appeals) can direct the defaulter to pay the penalty under section 271A of the Income Tax Act.
Section 44AA of the Income Tax Act mandates following professions to maintain books of accounts –
Other than the above profession, following persons, carrying on business or profession, are also required to maintain books of accounts –
Rule 6F of the Income Tax Rules states that the books of accounts / other documents needs to be retained for a period of six years from the end of the relevant Assessment Year.
If the person fails to keep / maintain the books of accounts / documents or fails to retain the required books of accounts / documents, then, such person shall be liable to pay the penalty under section 271A to the extent of INR 25,000.
|Section 272BB Penalty for failure to comply section 203A provisions
|Section 272B Penalty for failure to comply with provisions of PAN
|Section 272AA Penalty for failure in complying with provisions of section 133B
|Section 272A Penalty for failure to answer questions or furnish information / returns/ statements or allow inspections etc
|Section 271J Penalty on professionals for furnishing incorrect information in reports / certificates
|Section 271I Penalty for failure in furnishing Form 15CA & Form 15CB
|Section 271H Penalty for late filing/non-filing of TDS or TCS return
|Penalty for failure in furnishing report or furnishing inaccurate report under section 286 – Section 271GB
|Section 271GA Penalty for failure in furnishing the information / document in Form 49D as required under section 285A
|Section 271G Penalty for failure to furnish information / document as per provisions of section 92D
|Section 271FB Penalty for default in furnishing return of fringe benefits
|Section 271FAB Penalty for failure to furnish statement / information / document by an eligible investment fund
|Penalty for providing inaccurate statement of financial transaction or reportable account- Section 271FAA
|Section 271FA Penalty for failure in furnishing statement of financial transactions or reportable account
|Section 271E Penalty for contravening provisions of section 269T
|Section 271DB | Penalty for contravening provisions of section 269SU
|Section 271DA Penalty for contravening provisions of section 269ST
|Section 271CA Penalty for failure to collect tax at source (TCS)
|Section 271D Penalty for contravening provisions of section 269SS
|Section 271C Penalty for failure / non-deduction / non-payment of TDS
|TDS Rate Chart for AY 2020-21 and AY 2021-22
|Section 271BA Penalty for failure to furnish section 92E report
|Section 271B Penalty for failure to get accounts audited
|Section 271AAC Penalty in respect of certain specified income
|Section 271AA Penalty for failure to maintain Transfer Pricing documents
|Section 271A Penalty for failure to keep / maintain or retain books of accounts, documents
|Section 270A(1) Penalty for under-reporting & misreporting of income
|Section 269SU Acceptance of payment through electronic modes
|Section 234F Late fees for default in filing of income tax return
|Section 234E Late Fee for default in filing of TDS / TCS returns
|Section 158BFA(2) – Penalty on undisclosed income for block period
|Section 140A(3) Penalty for non-payment of self-assessment tax