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PENALTY
(1) Any person who commits any offence
specified in column (2) of the Table below
shall, in addition to and not in derogation of
any punishment to which he may be liable
under this Ordinance or any other law, be
liable to the penalty mentioned against that
offence in column (3) thereof:
PENALTY
Sr. No

Offences

Penalty

Section of the
Ordinance to
which offence
has reference

1

Where any person
fails to furnish a
return of income or
a statement as
required under
section 115 or
wealth statement
or wealth
reconciliation
statement or
statement under
section 165 within
the due date.

Such person shall pay a penalty equal to 0.1%
of the tax payable for each day of default
subject to a minimum penalty of five thousand
rupees and maximum penalty of 25% of the tax
payable in respect of that tax year.
[Explanation.— For the purposes of this entry, it
is declared that the expression ―tax payable ‖
means tax chargeable on the taxable income on
the basis of assessment made or treated to
have been made under section 120, 121, 122 or
122C.]

114. 115,
116, 165
PENALTY
Sr. No

Offences

Penalty

Section

2

Any person who
fails to issue cash
memo or invoice or
receipt when
required under this
Ordinance or the
rules made
thereunder

Such person shall pay a penalty of five
thousand rupees or three per cent of the
amount of the tax involved, whichever is higher.

174

3

Any person who is
required to apply
for registration
under this
Ordinance but fails
to make an
application for
registration

Such person shall pay a penalty of five
thousand rupees.

181
PENALTY
Sr. No

Offences

Penalty

Section

4

Any person who fails to
notify the changes of
material nature in the
particulars of registration

Such person shall pay a penalty of five
thousand rupees.

181

5

Any person who fails to
deposit the amount of tax
due or any part thereof in
the time or manner laid
down under this
Ordinance or rules made
thereunder

Such person shall pay a penalty of five
per cent of the amount of the tax in
default

137
PENALTY
Sr. No

Offences

Penalty

Section

6

Any person who repeats
erroneous calculation in
the return for more than
one year whereby amount
of tax less than the actual
tax payable under this
Ordinance is paid.

Such person shall pay a penalty of five
thousand rupees or three per cent of the
amount of the tax involved, whichever is
higher.

137

7

Any person who fails to
maintain records required
under this Ordinance or
the rules made
thereunder.

Such person shall pay a penalty of ten
thousand rupees or five per cent of the
amount of tax on income whichever is
higher.

174
PENALTY
Sr. No

Offences

Penalty

8

Where a taxpayer who, without
any reasonable cause, in noncompliance with provisions of
section 177

A

fails to produce the record of
documents on receipt of first
notice.

Such person shall pay a penalty of
five thousand rupees;

B

fails to produce the record or
documents on receipt of second
notice; and

such person shall pay a penalty of ten
thousand rupees; and

C

Fails to produce the record or
documents on receipt of third
notice.

such person shall pay a penalty of
fifty thousand rupees

Section
177
PENALTY
Sr. No

Offences

Penalty

9

Any person who fails to furnish
the information required or to
comply with any other term of the
notice served under section 176.

Such person shall pay a penalty of five
thousand rupees for the first default and
ten thousand rupees for each subsequent
default.

10

Any person who denies or
obstructs the access of the
Commissioner or any officer
authorized by the Commissioner
to the premises, place, accounts,
documents, computers or stocks.

Such person shall pay a penalty of twenty
five thousand rupees or one hundred per
cent of the amount of tax involved,
whichever, is higher

11

Where a person has concealed
income or furnished inaccurate
particulars of such income,
including but not limited to the
suppression of any income or
amount chargeable to tax, the
claiming of any deduction for any
expenditure not actually incurred
or any act referred to in subsection (1) of section 111, in the
course of any proceeding under
this Ordinance before any Income
Tax authority or the appellate
tribunal.

Such person shall pay a penalty of twenty
five thousand rupees or an amount equal
to the tax which the person sought to
evade whichever is higher. However, no
penalty shall be payable on mere
disallowance of a claim of exemption from
tax of any income or amount declared by a
person or mere disallowance of any
expenditure declared by a person to be
deductible, unless it is proved that the
person made the claim knowing it to be
wrong.

Section
176

20, 111
PENALTY
Sr. No

Offences

Penalty

Section

12

Any person who obstructs any
Income Tax Authority in the
performance of his official duties

Such person shall pay a penalty of
twenty five thousand rupees

209,210

13

Any person who contravenes any
of the provision of this Ordinance
for which no penalty has,
specifically, been provided in this
section.

Such person shall pay a penalty of
five thousand rupees or three per cent
of the amount of tax involved, whichever is higher.

General

14

Any person who fails to collect or
deduct tax as required under any
provision of this Ordinance or fails
to pay the tax collected or
deducted as required under
section 160

Such person shall pay a penalty of
twenty five thousand rupees or the
10% of the amount of tax which-ever
is higher

148, 149, 150,
151, 152, 153,
153A, 154,
155, 156,
156A, 156B,
158, 160,
231A, 231B,
233, 233A,
234, 234A,
235, 236,
236A,
PENALTY
(2) The penalties specified under sub-section (1) shall be applied in a
consistent manner and no penalty shall be payable unless an order in
writing is passed by the Commissioner, Commissioner (Appeals) or the
Appellate Tribunal after providing an opportunity of being heard to the
person concerned.
(3) Where a Commissioner (Appeals) or the Appellate Tribunal makes an
order under sub-section (2), the Commissioner (Appeals) or the Appellate
Tribunal, as the case may be, shall immediately serve a copy of the order
on the Commissioner and thereupon all the provision of this Ordinance
relating to the recovery of penalty shall apply as if the order was made by
the Commissioner.
(4) Where in consequence of any order under this Ordinance, the amount
of tax in respect of which any penalty payable under sub-section (1) is
reduced, the amount of penalty shall be reduced accordingly
PENALTY
Exemption from penalty and default surcharge.
The Federal Government may, be notification in the
official Gazette, or the Board by an order published
in the official Gazette for reasons to be recorded in
writing, exempt any person or class of persons from
payment of the whole or part of the penalty and
default surcharge payable under this Ordinance
subject to such conditions and limitations as may be
specified in such notification or, as the case may be,
order.

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Penalty

  • 1. PENALTY (1) Any person who commits any offence specified in column (2) of the Table below shall, in addition to and not in derogation of any punishment to which he may be liable under this Ordinance or any other law, be liable to the penalty mentioned against that offence in column (3) thereof:
  • 2. PENALTY Sr. No Offences Penalty Section of the Ordinance to which offence has reference 1 Where any person fails to furnish a return of income or a statement as required under section 115 or wealth statement or wealth reconciliation statement or statement under section 165 within the due date. Such person shall pay a penalty equal to 0.1% of the tax payable for each day of default subject to a minimum penalty of five thousand rupees and maximum penalty of 25% of the tax payable in respect of that tax year. [Explanation.— For the purposes of this entry, it is declared that the expression ―tax payable ‖ means tax chargeable on the taxable income on the basis of assessment made or treated to have been made under section 120, 121, 122 or 122C.] 114. 115, 116, 165
  • 3. PENALTY Sr. No Offences Penalty Section 2 Any person who fails to issue cash memo or invoice or receipt when required under this Ordinance or the rules made thereunder Such person shall pay a penalty of five thousand rupees or three per cent of the amount of the tax involved, whichever is higher. 174 3 Any person who is required to apply for registration under this Ordinance but fails to make an application for registration Such person shall pay a penalty of five thousand rupees. 181
  • 4. PENALTY Sr. No Offences Penalty Section 4 Any person who fails to notify the changes of material nature in the particulars of registration Such person shall pay a penalty of five thousand rupees. 181 5 Any person who fails to deposit the amount of tax due or any part thereof in the time or manner laid down under this Ordinance or rules made thereunder Such person shall pay a penalty of five per cent of the amount of the tax in default 137
  • 5. PENALTY Sr. No Offences Penalty Section 6 Any person who repeats erroneous calculation in the return for more than one year whereby amount of tax less than the actual tax payable under this Ordinance is paid. Such person shall pay a penalty of five thousand rupees or three per cent of the amount of the tax involved, whichever is higher. 137 7 Any person who fails to maintain records required under this Ordinance or the rules made thereunder. Such person shall pay a penalty of ten thousand rupees or five per cent of the amount of tax on income whichever is higher. 174
  • 6. PENALTY Sr. No Offences Penalty 8 Where a taxpayer who, without any reasonable cause, in noncompliance with provisions of section 177 A fails to produce the record of documents on receipt of first notice. Such person shall pay a penalty of five thousand rupees; B fails to produce the record or documents on receipt of second notice; and such person shall pay a penalty of ten thousand rupees; and C Fails to produce the record or documents on receipt of third notice. such person shall pay a penalty of fifty thousand rupees Section 177
  • 7. PENALTY Sr. No Offences Penalty 9 Any person who fails to furnish the information required or to comply with any other term of the notice served under section 176. Such person shall pay a penalty of five thousand rupees for the first default and ten thousand rupees for each subsequent default. 10 Any person who denies or obstructs the access of the Commissioner or any officer authorized by the Commissioner to the premises, place, accounts, documents, computers or stocks. Such person shall pay a penalty of twenty five thousand rupees or one hundred per cent of the amount of tax involved, whichever, is higher 11 Where a person has concealed income or furnished inaccurate particulars of such income, including but not limited to the suppression of any income or amount chargeable to tax, the claiming of any deduction for any expenditure not actually incurred or any act referred to in subsection (1) of section 111, in the course of any proceeding under this Ordinance before any Income Tax authority or the appellate tribunal. Such person shall pay a penalty of twenty five thousand rupees or an amount equal to the tax which the person sought to evade whichever is higher. However, no penalty shall be payable on mere disallowance of a claim of exemption from tax of any income or amount declared by a person or mere disallowance of any expenditure declared by a person to be deductible, unless it is proved that the person made the claim knowing it to be wrong. Section 176 20, 111
  • 8. PENALTY Sr. No Offences Penalty Section 12 Any person who obstructs any Income Tax Authority in the performance of his official duties Such person shall pay a penalty of twenty five thousand rupees 209,210 13 Any person who contravenes any of the provision of this Ordinance for which no penalty has, specifically, been provided in this section. Such person shall pay a penalty of five thousand rupees or three per cent of the amount of tax involved, whichever is higher. General 14 Any person who fails to collect or deduct tax as required under any provision of this Ordinance or fails to pay the tax collected or deducted as required under section 160 Such person shall pay a penalty of twenty five thousand rupees or the 10% of the amount of tax which-ever is higher 148, 149, 150, 151, 152, 153, 153A, 154, 155, 156, 156A, 156B, 158, 160, 231A, 231B, 233, 233A, 234, 234A, 235, 236, 236A,
  • 9. PENALTY (2) The penalties specified under sub-section (1) shall be applied in a consistent manner and no penalty shall be payable unless an order in writing is passed by the Commissioner, Commissioner (Appeals) or the Appellate Tribunal after providing an opportunity of being heard to the person concerned. (3) Where a Commissioner (Appeals) or the Appellate Tribunal makes an order under sub-section (2), the Commissioner (Appeals) or the Appellate Tribunal, as the case may be, shall immediately serve a copy of the order on the Commissioner and thereupon all the provision of this Ordinance relating to the recovery of penalty shall apply as if the order was made by the Commissioner. (4) Where in consequence of any order under this Ordinance, the amount of tax in respect of which any penalty payable under sub-section (1) is reduced, the amount of penalty shall be reduced accordingly
  • 10. PENALTY Exemption from penalty and default surcharge. The Federal Government may, be notification in the official Gazette, or the Board by an order published in the official Gazette for reasons to be recorded in writing, exempt any person or class of persons from payment of the whole or part of the penalty and default surcharge payable under this Ordinance subject to such conditions and limitations as may be specified in such notification or, as the case may be, order.