ITR
Penalty for fake deductions claimed through an agent
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Facts
Claims based on false documents fall under misreporting, with penalty of 200% of the tax, and can lead to prosecution. The department has run campaigns against bogus deductions and donations. Coming clean early is the safest route.
Provisions and law
- Sec 270A (now Sec 439)Penalty of 50% of tax on under-reported income, or 200% where under-reporting is due to misreporting
- Sec 276C (now Sec 478)Prosecution for wilful attempt to evade tax
- Sec 270AA (now Sec 440)Immunity from Sec 270A penalty and prosecution on paying tax and interest and not appealing
Analysis
If no assessment has started for a year, an updated return withdrawing the false claims and paying tax with additional tax protects you from penalty on that income. If an order is already passed charging misreporting, immunity under the amended Sec 270AA, with 100% additional tax, can avoid the 200% penalty and prosecution. For a fake claim of ₹2,50,000 with tax effect of ₹78,000, that is the difference between ₹1,56,000 of penalty and ₹78,000 of additional tax. Report the agent and do not use such services again.
Conclusion
- List each year where false claims were made
- For years without proceedings, file ITR-U withdrawing the claims
- For years with an order, consider immunity in Form 68 within the deadline
- Keep records of the agent and report the fraud to the department
Agents promising refunds with no documents put you at risk of 200% penalty and prosecution.
A Savvy can do this for you
Penalty notice, Sec 270A / 274 (now 439 / 471)
₹4,999
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