Income Tax Act, 1961
Section 8: Ins. by Act 28 of 2016, s. 107 (w.e.f. 12016).
8. Ins. by Act 28 of 2016, s. 107 (w.e.f. 12016).
797
proceedings, after abatement, concealed any particulars material to the assessment from the income-tax
authority or had given false evidence, and thereupon such person shall become liable to the imposition of
any penalty under this Act to which such person would have been liable, had not such immunity been
granted.]
1[273B. Penalty not to be imposed in certain cases.—Notwithstanding anything contained in the
provisions of 2[clause (b) of sub-section (1) of] 3[section 271, section 271A 4[, section 271AA], section
271B, 4[section 271BA], 5[section 271BB,] 6[section 271C, section 271CA], section 271D, section
271E, 7[section 271F, 8[section 271FA, 9[section 271FAB, section 271FB, section 271G, section 271GA],
10[section 271GB,] 11[section 271H,] 12[section 271-I,] 13[section 271J,] clause (c) or clause (d) of subsection (1) or sub-section (2) of section 272A, sub-section (1) of section 272AA] or 14[15[section 272B or]
16[sub-section (1) or sub-section (1A) of 17[section 272BB] or] sub-section (1) of section 272BBB or]
clause (b) of sub-section (1) or clause (b) or clause (c) of sub-section (2) of section 273, no penalty shall
be imposable on the person or the assessee, as the case may be, for any failure referred to in the said
provisions if he proves that there was reasonable cause for the said failure.]
274. Procedure.—(1) No order imposing a penalty under this Chapter shall be made unless the
assessee has been heard, or has been given a reasonable opportunity of being heard.
18[(2) No order imposing a penalty under this Chapter shall be made—
(a) by the Income-tax Officer, where the penalty exceeds ten thousand rupees;
(b) by the 19[Assistant Commissioner or Deputy Commissioner], where the penalty exceeds
twenty thousand rupees,
except with the prior approval of the 20[Joint Commissioner].
21[(3) An income-tax authority on making an order under this Chapter imposing a penalty, unless he is
himself the Assessing Officer, shall forthwith send a copy of such order to the Assessing Officer.]
of sub-section
of] 3[section 271, section 271A 4[, section 271AA], section
271B, 4[section 271BA], 5[section 271BB,] 6[section 271C, section 271CA], section 271D, section
271E, 7[section 271F, 8[section 271FA, 9[section 271FAB, section 271FB, section 271G, section 271GA],
10[section 271GB,] 11[section 271H,] 12[section 271-I,] 13[section 271J,] clause
or clause
of subsection
or sub-section
of section 272A, sub-section
of section 272AA] or 14[15[section 272B or]
16[sub-section
or sub-section
of 17[section 272BB] or] sub-section
of section 272BBB or]
clause
of sub-section
or clause
or clause
of sub-section
of section 273, no penalty shall
be imposable on the person or the assessee, as the case may be, for any failure referred to in the said
provisions if he proves that there was reasonable cause for the said failure.]
274. Procedure.—
No order imposing a penalty under this Chapter shall be made unless the
assessee has been heard, or has been given a reasonable opportunity of being heard.
18[
No order imposing a penalty under this Chapter shall be made—
by the Income-tax Officer, where the penalty exceeds ten thousand rupees;
by the 19[Assistant Commissioner or Deputy Commissioner], where the penalty exceeds
twenty thousand rupees,
except with the prior approval of the 20[Joint Commissioner].
21[
An income-tax authority on making an order under this Chapter imposing a penalty, unless he is
himself the Assessing Officer, shall forthwith send a copy of such order to the Assessing Officer.]