Finance Bill 2017 Proposed a New Section - 234F regarding Fee for delay in filing of Income Tax Return
In view of the non-intrusive information-driven approach for improving tax compliance and effective utilization of information in tax administration, it is important that the returns are filed within the due dates specified in section 139(1). Further, the reduced time limits proposed for making of assessment are also based on pre-requisite that returns are filed on time.
In
order to ensure that return is filed within due date, it is proposed to insert
a new section 234F in the Act to provide that a fee for delay in furnishing of
return shall be levied from the assessment year 2018-19 and onwards in a case
where the return is not filed within the due dates specified for filing of
return under sub-section (1) of section 139. The proposed fee structure is as
follows:—
i.
i. A fee of Rs. 5000 shall be payable, if the
return is furnished after the due date but on or before the 31 December of the
assessment year;
ii.
A fee of Rs. 10000 shall be payable
in any other case.
However, in a case
where the total income does not exceed Rs. 5 lakh, it is proposed that the fee
amount shall not exceed Rs. 1000.
In view of the above, it is proposed to make consequential
amendment in section 140A to include that in case of delay in furnishing of
return of income, Interest is payable along with the Tax, fee for delay in
furnishing of return of income under section 234F shall also be payable.
It is also proposed to make consequential amendment in
sub-section (1) of section 143, to provide that in computation of amount
payable or refund due, as the case may be, on account of processing of return
under the said sub-section, the fee payable under section 234F shall also be
taken into account.
Consequentially, it is also proposed that the provisions of
section 271F in respect of penalty for failure to furnish return of income
shall not apply in respect of assessment year 2018-19 and onwards.
These amendments will take effect from 1st day
of April, 2018 and will, accordingly apply in relation to assessment year
2018-19 and subsequent years.
[Clauses
56, 57, 75 & 85]
Extract
of relevant clause from
Finance Bill, 2017.
Amendment of section 140A.
56. In section 140A of the
Income-tax Act, with effect from the 1st day of April, 2018,—
(i)
in sub-section (1),—
(a)
in the long line,—
(A)
after the words “together with interest”, the words “and fee” shall be
inserted;
(B)
for the words “and interest”, the words, “, interest and fee” shall be
substituted;
(b)
in the Explanation, for the words “and interest as aforesaid, the amount so
paid shall first be adjusted towards”, the words “, interest and fee as
aforesaid, the amount so paid shall first be adjusted towards the fee payable
and thereafter towards” shall be substituted;
(ii)
in sub-section (3), for the words “or interest or both” at both the places
where they occur , the words “,interest or fee” shall be substituted.
Amendment of section 143.
57. In section 143 of the
Income-tax Act,—
(a)
in sub-section (1), with effect from the 1st day of April, 2018,—
(i)
in clause (b), for the words “and interest”, the words “, interest and fee”
shall be substituted;
(ii)
in clause (c),—
(A)
for the words “and interest”, the words “, interest and fee” shall be
substituted;
(B)
for the words “or interest”, the words “, interest or fee” shall be
substituted;
(iii)
in the first proviso, for the words “or interest”, the words “, interest or
fee” shall be substituted;
(b)
for sub-section (1D) [as substituted by section 68 of the Finance Act, 2016],
the following shall be substituted, namely:—
“(1D)
Notwithstanding anything contained in sub-section (1), the processing of a
return shall not be necessary, where a notice has been issued to the assessee
under sub-section (2):
Provided
that the provisions of this sub-section shall not apply to any return furnished
for the assessment year commencing on or after the 1st day of April, 2017.”.
Insertion of new section 234F.
75. After
section 234E of the Income-tax Act, the following section shall be inserted
with effect from the 1st day of April, 2018, namely:—
Fee
for default in furnishing return of income.
“234F.
(1) Without prejudice to the provisions of this Act, where a person required to
furnish a return of income under section 139, fails to do so within the time
prescribed in sub-section (1) of said section, he shall pay, by way of fee, a
sum of,—
(a)
five thousand rupees, if the return is furnished on or before the 31st day of
December of the assessment year;
(b)
ten thousand rupees in any other case:
Provided
that if the total income of the person does not exceed five lakh rupees, the
fee payable under this section shall not exceed one thousand rupees.
(2)
The provisions of this section shall apply in respect of return of income
required to be furnished for the assessment year commencing on or after the 1st
day of April, 2018.”.
Amendment of section 271F.
85. In
section 271F of the Income-tax Act, the following proviso shall be inserted
with effect from the 1st day of April, 2018, namely:—
“Provided
that nothing contained in this section shall apply to and in relation to the
return of income required to be furnished for any assessment year commencing on
or after the 1st day of April, 2018.”.
Suggestions on
Clause 75 of Finance Bill 2017 – Section 234F – Fee for delayed filing of
return –Removal of provision levying fees to prevent undue hardship for
the genuine assessees
The Finance
Bill, 2017 proposes to levy fees of Rs.5,000 in case where return is
furnished after the due date but on or before 31St December of the
relevant assessment year and Rs.10,000, in other cases. However, it is also
proposed to restrict the fees to Rs.1,000, where the total income does not
exceed five lakh rupees.
Current
provisions provide for penalty of Rs.5,000 under section 271 F in case where
return is furnished after end of relevant assessment year provided there is no
reasonable cause for such delay.
The
proposal is made with a view to ensure that returns are filed within the due
dates specified in section 139(1). However, fees proposed under section 234F
will be leviable on all assessees who have furnished return beyond the due date
specified under section 139(1) irrespective of the reason for such delay and
whether all the taxes have been paid through TDS or Advance Tax.
Also,
the assessee cannot justify his cause for delay under any appeal against the
same as there is no proposed provision to consider the reasonable cause for
delay on the part of assessee.
Further,
fee is generally levied in respect of services rendered. Whereas collection of
tax by the Government is a sovereign function, as such, there is no rendering
of services. Delay in filing of return is in contravention of law for which
penalty should be attracted. The same can be waived if reasonable cause is
proved.
Suggestion:
It
is suggested that proposed fees under section 234F for delayed filing of
return may be withdrawn and necessary amendments be made in section
271F.
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