The Tax Publishers

Income Tax--Penalty

Passing of Consolidated Penalty Order Under Section 272A(1)(d) for two Separate Defaults--Validity of

CS. Preeti Satyani

The issue as to whether a consolidated order of penalty can be passed under section 272A(1)(d) for two separate defaults under section 142(1), which has been analyzed and decided by the Amritsar Bench of the Tribunal in the case of Harneet Singh v. ITO 2024 TaxPub(DT) 4400 (Asr-Trib), is being discussed in this article.

1. Introduction

Under the Income Tax Act, 1961 (in short 'the Act'), the taxpayers are required to file their returns and pay their taxes on time. In order to ensure timely compliances by the taxpayers, several penalties are prescribed under the Act. One of such penalties is the penalty under section 272A of the Act, which is imposed for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc. The penalty under section 272A(1) of the Act is imposable, if any person-

-- 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.

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