Table of Contents
Table of Contents
Last updated: 04 August 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP
Quick summary
Penalties are in Chapter XXI (sections 439 to 472) of the Income-tax Act, 2025, in force from 01/04/2026. This post covers the main ones: under-reporting and misreporting of income (the old section 270A), the changed waiver scheme, and the fixed penalties for other defaults.
| Case | Under-reported income |
|---|---|
| Return filed and income assessed for the first time | Income assessed less income in the processed return |
| No return, or first return on a section 280 notice: company, firm or local authority | The whole income assessed |
| No return, or first return on a section 280 notice: others | Income assessed less the maximum amount not chargeable to tax |
| Reassessment or recomputation | Income reassessed less income in the preceding order |
| Loss reduced or converted into income | The difference between the loss claimed and the income or loss assessed |
The tax on the under-reported income is worked out as the extra tax caused by that income (section 439(12)). No addition that has already been a basis for penalty can be penalised again (section 439(13)), and income on which additional income-tax was paid on an updated return under section 267(5)(ii) is outside the penalty (section 439(13A)).
| Case | Penalty |
|---|---|
| Under-reporting | 50% of the tax payable on the under-reported income (section 439(9)) |
| Misreporting | 200% of the tax payable on the under-reported income (section 439(10)) |
Misreporting (section 439(11)): misrepresentation or suppression of facts; failure to record investments in the books; a claim of expenditure not substantiated by evidence; recording a false entry; failure to record a receipt that has a bearing on total income; failure to report an international transaction, deemed international transaction or specified domestic transaction under Chapter X; and, added by Finance Act 2026, income referred to in section 195(1)(b).
The Competent Authority is the Assessing Officer, Joint Commissioner (Appeals), Commissioner (Appeals), Commissioner or Principal Commissioner, and the penalty is imposed by a written order (section 439(14) and (15)).
Example. An assessment adds ₹10,00,000 to the income in the return (a deduction claim that is not allowed), with tax on that addition at 30%, so ₹3,00,000. The penalty for under-reporting is 50% of ₹3,00,000, which is ₹1,50,000. If the same addition is a misreporting case (for example, an expense not backed by any evidence), the penalty is 200%, which is ₹6,00,000.
Finance Act 2026 substituted section 440. Earlier, an assessee could get immunity from the penalty by paying the tax and interest and not appealing, except in misreporting cases. Now an assessee can apply for waiver of the penalty and immunity from prosecution under sections 478 and 479, even in misreporting cases, on these conditions (section 440(1)):
The application is made within one month from the end of the month in which the order is received, in the prescribed form (section 440(2)). The Assessing Officer grants the waiver and immunity after the period for appeal under section 358(3)(a) has expired (section 440(3)), but not where a proceeding has been initiated under Chapter XXII (section 440(4)). He decides within three months from the end of the month of receipt, and after hearing the assessee if rejecting (section 440(5) and (6)). The order is final, and if the application is accepted no appeal or revision against the assessment order is admissible (section 440(7) and (8)).
| Default | Penalty | Section |
|---|---|---|
| Not keeping and maintaining books under section 62, or not retaining them for the prescribed period | ₹25,000 | 441 |
| Transfer pricing documents not kept, transaction not reported or incorrect information | 2% of the value of each transaction | 442(1) |
| Failure to furnish group information to the prescribed authority | ₹5,00,000 | 442(2) |
| False or omitted entry in the books to evade tax | Amount of the false or omitted entry | 444 |
| Failure to deduct tax at source (or to pay it) | Equal to the tax | 448 |
| Failure to collect tax at source | Equal to the tax | 449 |
| Loan, deposit or specified sum taken in breach of section 185 | Equal to the amount | 450 |
| Cash receipt in breach of section 186 | Equal to the amount | 451 |
| No digital payment facility where required (section 187) | ₹5,000 for every day | 452 |
| Repayment in breach of section 188 | Equal to the amount | 453 |
| Benefits to related persons by a registered non-profit organisation | Equal to the income so applied (first time), 200% (repeat) | 445 |
Late return and audit-related defaults carry a fee under section 428 (late return, audit report, transfer pricing report) rather than a penalty.
We reply to penalty show-cause notices, argue reasonable cause and bona fide explanation, and advise on the new waiver scheme in section 440. Please reach out to our team and we will be happy to assist.
Section 439 of the Income-tax Act, 2025, which imposes penalty for under-reporting and misreporting of income. Section 440 deals with waiver of penalty and immunity from prosecution, and section 441 with failure to keep and maintain books.
When the income assessed is greater than the income in the processed return (or greater than the maximum amount not chargeable to tax, where no return was filed or the first return was filed on a notice under section 280); when income reassessed is greater than the income assessed; when the deemed total income under the minimum alternate tax provisions is greater than that in the return; or when the assessment reduces a loss or converts it into income (section 439(2)).
50% of the tax payable on the under-reported income (section 439(9)), and 200% of the tax payable on the under-reported income if it results from misreporting (section 439(10)).
Misrepresentation or suppression of facts, failure to record investments in the books, a claim of expenditure not substantiated by evidence, recording of a false entry, failure to record a receipt that has a bearing on total income, failure to report an international transaction or a specified domestic transaction under Chapter X, and, from 01/04/2026, income referred to in section 195(1)(b) (section 439(11)).
Where the assessee offers an explanation that the authority is satisfied is bona fide and discloses all material facts; where the income is determined on an estimate and the accounts are correct and complete; where the assessee had himself estimated a lower addition or disallowance and disclosed the facts; and where the addition follows the arm’s length price determined by the Transfer Pricing Officer and the assessee had maintained the documents, declared the transaction and disclosed the facts (section 439(8)).
Under section 440, as substituted by Finance Act 2026, an assessee can apply to the Assessing Officer for waiver of the penalty and immunity from prosecution under sections 478 or 479 if the tax and interest are paid within the time in the demand notice, additional income-tax of 100% of the tax on the under-reported income (120% where the case is under section 439(11)(g)) is paid within that time in place of the penalty, and no appeal is filed. The application is made within one month from the end of the month in which the order is received, and the Assessing Officer decides within three months from the end of the month of its receipt, after a hearing if rejecting.
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