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Amendment in the provisions of section 272A of the Act

Section 272A of the Act provides for penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections etc. At present, the amount of penalty for failures listed under sub-section (2) of section 272A is one hundred rupees for every day during which the failure continues.

2. Section 272A ensures compliance with various obligations under the Income-tax Act by penalising non-compliance and acting as a deterrent.

3. However, the penalty of one hundred rupees had been commented upon by the CAG in their report on the entertainment sector as being too low. The penalty had not been increased since the section was introduced in 1999 and does not have an adequate deterrence value.

Section 272A increased to Rs. 500 per day from existing Rs. 100 per day

4. Therefore, it is proposed to increase the amount of penalty for failures listed under sub-section (2) of section 272A to five hundred rupees from the existing sum of one hundred rupees.

5. This amendments will take effect from 1st April, 2022.

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Note on Clause 78 of Finance Bill 2022

Clause 78 seeks to amend section 272A of the Income-tax Act relating to penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc.

It is proposed to increase the existing penalty under sub-section (2) from one hundred rupees to five hundred rupees.

This amendment will take effect from 1st April, 2022.

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Extract of Clause  78 of Finance Bill 2022

78. Amendment of section 272A.

In section 272A of the Income-tax Act, in sub-section (2), in the long line, for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted.

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