ITR
Penalty under the 2025 Act for tax year 2026-27
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Facts
For tax year 2026-27 onwards, penalty for under-reporting and misreporting is in Sec 439 of the Income-tax Act 2025 (old Sec 270A), with hearing under Sec 471 (old Sec 274). Budget 2026 also proposed bringing assessment and penalty into a common process to cut down multiple proceedings.
Provisions and law
- Sec 439, Income-tax Act 2025 (old Sec 270A)Penalty for under-reporting and misreporting
- Sec 471, Income-tax Act 2025 (old Sec 274)Procedure for penalty, with opportunity of hearing
- Sec 440, Income-tax Act 2025 (old Sec 270AA)Immunity from penalty and prosecution
Analysis
Nothing changes in principle: the rates of 50% and 200% carry over, and immunity is in Sec 440 (old Sec 270AA). The practical change is the numbering on notices from 2027 onwards. If the proposal for a common assessment and penalty order is applied, you may have to answer penalty points during the assessment itself. Keep full disclosure in your return as the main protection.
Conclusion
- Use 2025 Act numbers for tax year 2026-27 matters
- Keep proofs for every deduction and exemption claimed
- Disclose debatable claims clearly in the return
- Watch for any notification on combined assessment and penalty orders
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Penalty notice, Sec 270A / 274 (now 439 / 471)
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