Section 271B - Income Tax Act

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Section 271B of the Income Tax Act imposes a penalty on taxpayers for failing to get their accounts audited or failing to submit the required tax audit report to the Income Tax Department. This penalty is applicable when the taxpayer does not provide a reasonable explanation for not complying with the provisions under Section 44AB of the Income Tax Act.

Section 271B - Income Tax Act
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    Section 271B - Income Tax Act

    Section 271B of the Income Tax Act imposes a penalty on taxpayers for failing to get their accounts audited or failing to submit the required tax audit report to the Income Tax Department. This penalty is applicable when the taxpayer does not provide a reasonable explanation for not complying with the provisions under Section 44AB of the Income Tax Act.

    Key Provisions of Section 271B

    As per Section 271B:

    • Failure to Get Accounts Audited: If a taxpayer fails to get their accounts audited for any assessment year or previous year as required under Section 44AB, and they are unable to provide a reasonable cause for the default, the Income Tax Officer (ITO) may impose a penalty.

    • Penalty Amount: The penalty is calculated as 0.5% of the total sales, turnover, or gross receipts (whichever is applicable to the taxpayer’s business or profession) during the relevant previous year. The penalty is capped at a maximum of Rs. 1,50,000, whichever is lower.

    Section 271B - Income Tax Act

    Penalty Under Section 271B

    The penalty under Section 271B is applicable when a taxpayer fails to get their accounts audited as per Section 44AB or fails to furnish the tax audit report. The penalty can be calculated as:

    • 0.5% of total sales/turnover/gross receipts, or

    • Rs. 1,50,000, whichever is lesser.

    Section 271B - Income Tax Act

    Due Date for Filing Tax Audit Report

    Taxpayers who are required to get their accounts audited must file their Income Tax Returns (ITR) by 30th September of each assessment year. The following ITR forms are subject to tax audit:

    • ITR-2, ITR-3, ITR-5, and ITR-6.

    Tax Audit Limits

    The tax audit requirement is based on the annual turnover or gross receipts:

    • Proprietorship & Partnership Firms: Tax audit is mandatory for those involved in a profession with gross receipts exceeding Rs. 50 lakhs.

    • Business Firms: Tax audit is mandatory for proprietorship firms with sales turnover exceeding Rs. 2 crores.

    • Limited Liability Partnerships (LLPs): LLPs with annual turnover exceeding Rs. 40 lakhs or a capital contribution above Rs. 25 lakhs are required to undergo a tax audit by a Chartered Accountant.

    • Companies: All companies, including private limited and one-person companies, must conduct a tax audit each year, regardless of turnover or capital.

    Section 271B - Income Tax Act

    Conclusion

    Taxpayers should ensure compliance with the tax audit requirements to avoid penalties under Section 271B. Keeping timely and accurate records, understanding the applicable tax audit limits, and filing tax returns by the stipulated deadline are essential steps for staying compliant with the Income Tax Act.

    FAQs

    A tax audit under Section 44AB of the Income Tax Act is a mandatory audit of a taxpayer’s books of accounts by a Chartered Accountant, required for taxpayers engaged in business or profession if their sales, turnover, or gross receipts exceed the prescribed limits.

    • Proprietorship or Partnership Firms: If gross receipts exceed Rs. 50 lakhs (for professionals) or Rs. 2 crores (for businesses).

    • Limited Liability Partnerships (LLPs): If turnover exceeds Rs. 40 lakhs or capital contribution exceeds Rs. 25 lakhs.

    Companies: All companies, including private limited companies and one-person companies, must undergo a tax audit, regardless of turnover.

    If you fail to get your accounts audited as required under Section 44AB, a penalty may be imposed under Section 271B. The penalty is 0.5% of the total sales, turnover, or gross receipts, or up to Rs. 1,50,000, whichever is lower.

    For taxpayers who need to file a tax audit report, the due date is 30th September of the assessment year.

    The penalty for not submitting the tax audit report within the prescribed time is the same as for not getting the accounts audited. It can be up to 0.5% of total sales/turnover/gross receipts or a maximum of Rs. 1,50,000, whichever is less.

    To avoid the penalty under Section 271B, ensure that you get your accounts audited by a qualified Chartered Accountant and file the tax audit report by the due date. If there is a reasonable cause for not complying, you can provide evidence to the assessing officer.

    The tax audit report is filed electronically through the Income Tax Department’s e-filing portal. The Chartered Accountant conducting the audit will generate the report, and you will need to upload it along with your Income Tax Return (ITR) by the due date.

    Extensions for the due date of filing the tax audit report are typically granted by the Income Tax Department in case of valid reasons. It is advisable to file an application for an extension through the income tax portal before the original due date.

    A Chartered Accountant is responsible for conducting the audit of a taxpayer’s books of accounts, verifying compliance with tax laws, and preparing the tax audit report. The CA ensures that the taxpayer’s financial records are in order and submits the report to the Income Tax Department.

    If you fail to get a tax audit done when required, it may lead to penalties under Section 271B, legal action by the Income Tax Department, and potential disallowance of deductions and exemptions in your Income Tax Return.