Section 271 AAD of Income Tax Act is a new section which was inserted vide finance act 2020 and the same was effected from 1st April 2020.
This
section puts the light on false practices such as booking expenditures by use
of fake invoice, making the false entry or sometimes omits the entry which is
important for computing total income.
People
used to do such false practice in order to evade taxes by showing less income
and more expenditure. So for such practices Section
271AAD brings a provision of penalty on such persons.
Let’s explain in details:
What is section 271AAD of Income Tax Act?
Section 271AAD is a
new section which applies for penalty on evading the tax through fake
invoices/false entry.
As
per this section if during any proceeding under this act it is found that there
is:
- A false entry; or
- An omission of any entry in the books of accounts maintained by any person and that entry is relevant for computing total income of such person,
Then
in such cases the assessing officer or the Commissioner (Appeals) may direct such person to pay penalty and
that penalty is sum equal to aggregate amount of such false or omitted entry.
Example:
Mr.
X shows expenditure of Rs. 500000 without having actual invoices then assessing
officer or the Commissioner (Appeals) may direct Mr. X to pay penalty which is sum equal to aggregate amount
of such expenditure of Rs. 500000.
If
a person makes a false entry or omission because of the cause of any other
person, then the assessing officer or the Commissioner (Appeals) may also direct such other person to pay the
penalty which is sum equal to the aggregate amount of such false or omitted
entry.
Example:
Mr.
X (who maintained books of accounts i.e. assessee) showed fake expenditure of Rs. 500000
because of the cause of Mr. Y then assessing officer or the Commissioner (Appeals) may direct Mr. Y also to
pay penalty Rs.500000. In this both Mr. X and Mr. Y have to pay a penalty if
the assessing officer or the Commissioner (Appeals) directs.
Also Read:
What is false entry means under section 271AAD?
For
the use of section 271AAD of Income tax
Act false entry includes use or intention to use:
- Forged or falsified documents (eg. false invoice); or
- Invoices issued by person in respect of supply or receipt of goods or services or both without actually supply or receipt; or
- Invoices in respect of supply or receipt of goods or services or both to or from a person that does not exist
What is the reason to bring section 271AAD?
Section 271AAD is a
new section which is inserted vide finance act, 2020 (w.e.f. 01-04-2020). The
reason to bring this section is “wrong practice of tax evasion through fake
invoices/false entry”. People used to book expenditures with fake invoices and
show less income. The most of this practice is used to see in goods & services tax (GST) where
people make the use of fake invoices to claim input tax credit (ITC).
Therefore
a new section inserted in Income Tax Act for levy of penalty on a person if it
is found in the books of accounts maintained by him and there is false entry or
any entry omitted.
Also Read:
Who is liable to pay a penalty under section 271AAD?
Following
are the persons on whom penalty may be imposed under section 271AAD:
On person (maintaining books of accounts i.e. assessee) who make the:
- False entry; or
- An omission of any entry which is relevant for computing total income of such person
On any other person who cause person (assessee) to:
- Make false entry: or
- Omits or causes to omit entry which is relevant for computing total income of person (assessee).
Example:
Mr.
X makes a false entry on cause of Mr. Y then both are liable for penalty if the
assessing officer or the Commissioner (Appeals) directs.
What is the amount of Penalty under section 271AAD?
Penalty
amount is sum equal to aggregate amount of false or omitted entry.
Like
as per our earlier examples:
Example 1: If Mr.
X is booking expenditure of Rs.500000 with fake invoices then the assessing
officer or the Commissioner (Appeals) may directs Mr. X to pay a sum equal to Rs.500000 as penalty.
Example 2: If Mr.
X is booking expenditure of Rs.500000 with fake invoices on a cause of Mr. Y
then assessing officer or the Commissioner (Appeals) may direct both Mr. X and Mr. Y to pay the penalty and
in this case if penalty occur the each of them have to pay Rs.500000 which is
sum equal to aggregate amount of such false or omitted entry.
Also Read:
Point to be noted:
This
section starts with “without prejudice to any other provisions of this act”
which means the provision of penalty
under section 271AAD will be levied in addition to any other penalty levied
in any other section of Income Tax Act.
Those
persons who are not obliged to or not maintaining books of account as
stipulated under Income Tax Act then for such person section 271AAD will not
apply. For those person separate section of penalty is there i.e. section 271A
(for non-maintaining of proper books of accounts).
Conclusion
Section 271AAD of Income Tax Act provides strict provision of penalty if a person is evading the tax through fake invoices / false entry. Government is keeping a track on such persons.
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