Clause 226 - Penalty for other defaults - Direct Taxes Code Bill, 2009

Penalty for other defaults 226. (1) Every person shall be liable to a penalty if he has, without reasonable cause, failed to - (a) keep and maintain any such books of account and other documents as required by section 83 for any financial year or to retain such books of account and other documents in accordance with the rules made there under; (b) get his accounts audited in respect of any financial year as required by subsection (1) and sub-section (2) of section 84 or obtain a report of such audit as required by sub-section (3) of that section; (c) furnish a report to the Transfer Pricing Officer as required by sub-section (1) of section 149 or obtain the report as required by sub-section (2) of the said section; (d) deduct the whole, or any part of, the tax as required by the provisions of sub-chapter-A of Chapter XI; (e) collect the whole, or any part of, the tax as required by the provisions of sub-chapter-B of Chapter XI; (f) pay the whole, or any part of, the tax as required by section 198 or section 202; (g) furnish the return of tax base under section 148 by the due date; (h) furnish the prescribed information as required under section 144; (i) answer any question put to him by an income-tax authority in the exercise of its powers under this Code, if he was otherwise legally bound to state the truth of any matter touching the subject of his assessment; (j) sign any statement made by him in the course of any proceedings under this Code, which an income-tax authority may legally require him to sign; (k) attend or produce books of account or documents at the place or time, if he is required to attend or to give evidence or produce books of account or other documents, at certain place and time in response to summons issued under sub-section (1) of section 138; (l) furnish in time the return of tax deduction as required under section 198; (m) failed to furnish in time the return of tax collection as required under section 202; (n) furnish a certificate to the deductee as required by section 198; (o) furnish a certificate to the buyer, lessee or licencee as required by section 202; (p) deduct and pay tax as required by sub-section (2) of section 215; (q) deliver, or cause to be delivered, a return in respect of payment of interest as required by sub-section (1) of section 199; (r) deliver, or cause to be delivered, a return in respect of payment as required by sub-section (3) of section 199; (s) comply with the provisions of section 259; (t) comply with the provisions of section 260;or (u) comply with a notice issued under section 157. (2) The sum referred to in sub-section (1) shall be any sum - (a) which shall not be less than fifty thousand rupees but which shall not exceed two hundred thousand rupees, in the cases referred to in clause (a), clause (b) or clause (c) of sub-section (1); (b) which shall not be less than twenty five per cent. but which shall not exceed the amount, of tax deductible or collectible or payable, as the case may be, in the cases referred to in clause (d), clause (e) or clause (f) of sub-section (1); (c) equal to five thousand rupees, in the case referred to in clause (g) of subsection (1); (d) which shall not be less than five thousand rupees but which shall not exceed one hundred thousand rupees, in any other case referred to in sub-section (1).