ITO Section 182 | Offences and penalties

Text of ITO Section 182

 

Section 182. Offences and penalties.—

(1) Any person who commits any offence specified in column (2) of the Table below shall, in addition to and not in derogation of any punishment to which he may be liable under this Ordinance or any other law, be liable to the penalty mentioned against that offence in column (3) thereof:—


 

Offences and Penalties Table

 

S. No. Offences Penalties Section of the Ordinance to which offence has reference
1 Where any person fails to furnish a return of income as required under section 114 within the due date.

 

 

Such person shall pay a penalty equal to the higher of: (a) 0.1% of the tax payable in respect of that tax year for each day of default; or (b) Rupees one thousand for each day of default. Minimum penalty: (i) Rs. 10,000 in case of an individual having 75% or more income from salary. (ii) Rs. 50,000 in all other cases. Maximum penalty: Not to exceed 200% of the tax payable. Penalty reduction: 75%, 50%, and 25% for filing within 1, 2, and 3 months of the due date, respectively.

 

 

114 and 118
1A Where any person fails to furnish a statement as required under section 165, 165A or 165B within the due date.

 

 

Such person shall pay a penalty of Rs. 5,000 if the tax was paid within the due date and the statement is filed within 90 days. Otherwise, a penalty of Rs. 2,500 per day of default, subject to a minimum of Rs. 10,000. Note: If no tax was required to be deducted or collected, the minimum penalty is Rs. 10,000.

 

165, 165A, and 165B
1AA Where any person fails to furnish a wealth statement or wealth reconciliation statement.

 

Such person shall pay a penalty of 0.1% of the taxable income per week or Rs. 100,000, whichever is higher.

 

114, 116
AAA

 

Where any person fails to furnish a foreign assets and income statement within the due date.

 

Such person shall pay a penalty of 2% of the foreign income or value of the foreign assets for each year of default. 116A
1B

 

Where any person fails to furnish a return of income as required under sub-section (3) of section 117 within the time specified in the notice.

 

Such person shall pay a penalty equal to the higher of: (a) 0.1% of the tax payable in respect of that tax year for each day of default; or (b) Rs. 1,000 per day of default. Minimum penalty: Rs. 10,000 in case of an individual and Rs. 50,000 in all other cases.

117(3)
2

 

Any person who fails to issue cash memo, invoice, or receipt when required under this Ordinance or the rules made thereunder.

 

Such person shall pay a penalty of Rs. 5,000 or 3% of the amount of the tax involved, whichever is higher.

174 and Chapter VII of the Income Tax Rules
3

 

Any person who is required to apply for registration under this Ordinance but fails to make an application for registration.

Such person shall pay a penalty of Rs. 10,000. 181
3A

 

Where any person, being a trader or shopkeeper, is required to apply for registration under this Ordinance but fails to register or fails to pay advance tax as specified in a scheme of special procedure prescribed under section 99B.

The shop of such person shall be sealed for 7 days for the first default and for 21 days for each subsequent default. 99B
4

 

Any person who fails to notify changes of material nature in the particulars of registration.

Such person shall pay a penalty of Rs. 5,000. 181
4B

 

Any person who contravenes the provisions of section 181AA.

 

Such person shall pay a penalty of Rs. 100,000 for each connection provided to an unregistered person.

181AA
5

 

Any person who fails to deposit the amount of tax due or any part thereof in the time or manner laid down under this Ordinance or rules made thereunder.

 

Such person shall pay a penalty of: - 5% of the amount of the tax in default. For the second default: Additional 25% penalty of the amount in default. For the third and subsequent defaults: Additional 50% penalty of the amount in default. Note: If the person opts to pay the tax based on an order under section 129, the penalty will be reduced by 50%.

137
6

 

Any person who repeats erroneous calculation in the return for more than one year whereby the amount of tax paid is less than the actual tax payable under this Ordinance.

Such person shall pay a penalty of: - Rs. 30,000 or 3% of the amount of the tax involved, whichever is higher. Note: No penalty if the tax shortfall is due to a reasonably arguable position taken by the taxpayer. 137
7

 

Any person who fails to maintain records required under this Ordinance or the rules made thereunder.

Such person shall pay a penalty of: - Rs. 10,000 or 5% of the amount of tax on income, whichever is higher. 174, 108
8

 

Where a taxpayer fails to produce the record or documents in non-compliance with the provisions of section 177, without any reasonable cause:

 

(a) If fails to produce the record or documents on receipt of the first notice, penalty of Rs. 25,000.

(b) If fails to produce the record or documents on receipt of the second notice, penalty of Rs. 50,000.

(c) If Fails to produce the record or documents on receipt of third notice. penalty of Rs. 100,000-

177

 

 

S. No. Offences Penalties Section of the Ordinance to which offence has reference
9

 

Any person who fails to furnish the information required or to comply with any other term of the notice served under section 176 or 108.

Such person shall pay a penalty of: - Rs. 25,000 for the first default and - Rs. 50,000 for each subsequent default. 176
10

 

Any person who: (a) Makes a false or misleading statement to an Inland Revenue Authority either in writing, orally, or electronically, including a statement in an application, certificate, declaration, notification, return, objection, or other documents, including books of accounts made, prepared, given, filed, or furnished under this Ordinance.

 

Such person shall pay a penalty of: - Rs. 25,000 or 50% of the amount of tax shortfall, whichever is higher. Note: In case of an assessment order deemed under section 120, no penalty shall be imposed to the extent of the tax shortfall occurring as a result of the taxpayer taking a reasonably arguable position on the application of this Ordinance to the taxpayer's position.

114, 116, 174, 176, 177, 118
 

 

(b) Furnishes or files a false or misleading information or document or statement to an Income Tax Authority either in writing, orally, or electronically;

Penalty: Same as (a)  
 

 

(c) Omits from a statement made or information furnished to an Income Tax Authority any matter or thing without which the statement or the information is false or misleading in a material particular.

Penalty: Same as (a)  
10A

 

Any person who fails to comply with an income tax general order issued by the Board within fifteen days of issue of such order.

 

 

Such person shall pay a penalty of: - Rs. 50 million for the first default and - Rs. 100 million for each subsequent default. Note: The penalty shall be imposed effective from such date as the Board may notify.

114B
11

 

Any person who denies or obstructs the access of the Commissioner or any officer authorized by the Commissioner to the premises, place, accounts, documents, computers, or stocks.

Such person shall pay a penalty of: - Rs. 50,000 or - 50% of the amount of tax involved, whichever is higher. 175, 177
12

 

Where a person has concealed income or furnished inaccurate particulars of such income, including but not limited to the suppression of any income or amount chargeable to tax, the claiming of any deduction for any expenditure not actually incurred, or any act referred to in sub-section (1) of section 111, in the course of any proceeding under this Ordinance before any Income Tax authority or the appellate tribunal.

 

Such person shall pay a penalty of: - Rs. 100,000 or - an amount equal to the tax which the person sought to evade, whichever is higher. Note: No penalty shall be payable on mere disallowance of a claim of exemption from tax of any income or amount declared by a person or mere disallowance of any expenditure declared by a person to be deductible, unless it is proved that the person made the claim knowing it to be wrong.

20, 111, General
12A

 

 

Where any person fails to pay tax at the time of making payment as consideration for shares or at the time of registration of shares by the Securities and Exchange Commission of Pakistan or the State Bank of Pakistan, whichever is earlier.

 

Such person shall pay a penalty equal to 50% of the amount of tax involved. 37(6)
13

 

Any person who obstructs any Income Tax Authority in the performance of his official duties.

 

Such person shall pay a penalty of Rs. 25,000. 209, 210, General
14

 

Any person who contravenes any of the provisions of this Ordinance for which no penalty has, specifically, been provided in this section.

Such person shall pay a penalty of: - Rs. 5,000 or - 3% of the amount of tax involved, whichever is higher. General

 

S. No. Offences Penalties Section of the Ordinance to which offence has reference
15

 

 

Any person who fails to collect or deduct tax as required under any provision of this Ordinance or fails to pay the tax collected or deducted as required under section 160.

 

Such person shall pay a penalty of: - Rs. 40,000 or - 10% of the amount of tax, whichever is higher.

Division II or Division III of Part V of Chapter X or Chapter XII
16

 

Any person who fails to display his NTN or business license at the place of business as required under this Ordinance or the rules made thereunder.

Such person shall pay a penalty of: - Rs. 5,000. 181C and 181D
17

 

Any reporting financial institution or reporting entity who fails to furnish information or country-by-country report to the Board as required under section 107, 108, or 165B within the due date.

 

Such reporting financial institution or reporting entity shall pay a penalty of: - Rs. 2,000 for each day of default, subject to a minimum penalty of Rs. 25,000.

107, 108, and 165B
18

 

Any person who fails to keep and maintain documents and information required under section 108 or Income Tax Rules, 2002.

 

A penalty of: - 1% of the value of transactions, the record of which is required to be maintained under section 108 and Income Tax Rules, 2002.

108

19- S. Nos. 19  omitted by the Finance Act, 2021.

20- S. Nos. 20 omitted by the Finance Act, 2021.

 

S. No. Offences Penalties Section of the Ordinance to which offence has reference
21

 

Any person who purchases immovable property having fair market value greater than rupees five million through cash or bearer cheque.

 

 

Such person shall pay a penalty of: - 5% of the value of the property determined by the Board under sub-section (4) of section 68 or by the provincial authority for the purpose of stamp duty, whichever is higher.

75A

22

 

 

Where an offshore tax evader is involved in offshore tax evasion in the course of any proceedings under this Ordinance before any Income Tax authority or the appellate tribunal.

 

Such person shall pay a penalty of: - Rs. 100,000 or - an amount equal to 200% of the tax which the person sought to evade, whichever is higher.

General
23

 

 

Where in the course of any transaction or declaration made by a person, an enabler has enabled, guided, advised, or managed any person to design, arrange or manage

that transaction or declaration in such a manner which has resulted or may result in offshore tax evasion in the course of any proceedings under this Ordinance.

 

 

Such person shall pay a penalty of: - Rs. 300,000 or - an amount equal to 200% of the tax which was sought to be evaded, whichever is higher.

General
24

 

Any person who is involved in asset move, as defined in clause (5C) of section 2 of the Ordinance, from a specified territory to an unspecified territory.

Such person shall pay a penalty of: - Rs. 100,000 or - an amount equal to 100% of the tax, whichever is higher. General
25

 

 

Where a Reporting Financial Institution fails to comply with any provisions of section 165B of the Ordinance or Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

 

Such Reporting Financial Institution shall pay a penalty of: - Rs. 10,000 for each default and an additional Rs. 10,000 each month until the default is redressed.

 
26

 

 

Where a Reporting Financial Institution files an incomplete or inaccurate report under provisions of section 165B of the Ordinance and Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

Such Reporting Financial Institution shall pay a penalty of: - Rs. 10,000 for each default and an additional Rs. 10,000 each month until the default is corrected.  

 


S. No. Offences Penalties Section of the Ordinance to which offence has reference
27 Where a Reporting Financial Institution fails to obtain valid self-certification for new accounts or furnishes false self-certification for new accounts or furnishes false self-certification made by the Reportable Jurisdiction Person under Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002. Such Reporting Financial Institution shall pay a penalty of Rs. 10,000 for each default and an additional Rs. 10,000 each month until the default is redressed.  
28

 

Where a Reportable Jurisdiction Person fails to furnish valid self-certification or furnishes false self-certification under Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

Such Reporting Financial Institution shall pay a penalty of Rs. 5,000 for each default and an additional Rs. 5,000 each month until the default is redressed.  
29 Where any person fails to declare business bank account(s) in his registration application or fails to amend his registration profile to declare existing business bank account(s) willfully.

 

Such person shall pay a penalty of Rs. 10,000 for each day of default since the date of submission of the application for registration or the date of opening of undeclared business bank account, whichever is later:

Provided that if the penalty worked out is less than Rs. 100,000 for each undeclared bank account, such person shall pay a penalty of Rs. 100,000 for each undeclared business bank account.

Provided further that this provision shall be applicable from the first day of October, 2021 during which period the taxpayer may update their registration forms.

181
30

 

 

Any company or Association of Persons who contravenes the provisions of Section 181E

 

 

Such company or Association of Persons shall pay a penalty of Rs. 1,000,000 for each default.

181E
31 Any person who fails to integrate or perform roles and functions as specified, after being duly notified by the Board as SWAPS Agent.

 

 

 

 

 

Such person shall pay a penalty of:

(i) Rs. 50,000 for first default of 7 days

(ii) Rs. 100,000 for second default of next 7 days

(iii) Rs. 50,000 for each week after the second consecutive week of default:

Provided that no penalty shall be imposed for the period for which an extension from integration is granted by the Commissioner subject to the condition that, if the SWAPS Agent fails to integrate within such extended time, penalties shall be imposed as if no extension was granted.

164A
32

 

 

 

 

Any person, who is integrated for monitoring, tracking, reporting, or recording of sales, services, and similar business transactions with the Board or its computerized system, conducts such transactions in a manner so as to avoid monitoring, tracking, reporting, or recording of such transactions, or issues an invoice which does not carry the prescribed invoice number or QR code or bears a duplicate invoice number or counterfeit QR code, or defaces the prescribed invoice number or QR code, or any person who abets commissioning of such offence.

Such person shall pay a penalty of Rs. 500,000 or 200% of the amount of tax involved, whichever is higher. 237A
33

 

Any person, who is required to integrate his business for monitoring, tracking, reporting, or recording of sales, services, and similar business transactions with the Board or its computerized system, fails to get himself registered under the Ordinance, and if registered, fails to integrate in the manner as required under law.

 

 

 

Such person shall be liable to pay a penalty up to Rs. 1,000,000, and if continues to commit the same offence after a period of two months after imposition of penalty, his business premises shall be sealed until such time he integrates his business in the manner as stipulated under sub-section (3) of section 237A, as the case may be.

237A
34 A person required to integrate his business as stipulated under sub-section (3) of section 237A, who fails to get himself registered under the Ordinance, and if registered, fails to integrate in the manner as required under the law and rules made thereunder.

 

 

 

Such person shall be liable to pay:

i) Penalty of Rs. 500,000 for first default;

ii) Penalty of Rs. 1,000,000 for second default after fifteen days of order for first default;

iii) Penalty of Rs. 2,000,000 for third default after fifteen days of order for second default;

iv) Penalty of Rs. 3,000,000 for fourth default after fifteen days of order for third default;

Provided that if such person fails to integrate his business within fifteen days of imposition of penalty for fourth default, his business premises shall be sealed until such time he integrates his business in the manner as stipulated under sub-section (3) of section 237A.

Provided further that if the person integrates his business with the Board's computerized system before imposition of penalty for second default, penalty for the first default shall be waived by the Commissioner.

237A
35

 

 

 

 

Any company and an association of persons who:

(a) Fails to fully state all the relevant particulars or information as specified in the form of return, including a declaration of the records kept by the taxpayer;

(b) Furnishes any annexure, statement, or document specified in the return of income as blank or with incomplete or irrelevant particulars; or

(c) Attaches blank or incomplete annexures, statements, or documents where such annexures, statements, or records were required to be filed.

Such company, including a banking company and an association of persons shall pay a penalty of Rs. 500,000 or 10% of the tax chargeable on the taxable income, whichever is higher. 114(2)

 

(2) The penalties specified under sub-section (1) shall be applied in a consistent manner and no penalty shall be payable unless an order in writing is passed by the Commissioner, Commissioner (Appeals) or the Appellate Tribunal after providing an opportunity of being heard to the person concerned  [:] 

[Provided that where the taxpayer admits his default he may voluntarily pay the amount of penalty due under this section.] 

[Explanation.—For the removal of doubt, it is clarified that establishing mens rea is not necessary for levying of penalty under this section.

(3) Where a Commissioner (Appeals) or the Appellate Tribunal makes an order under sub-section (2), the Commissioner (Appeals) or the Appellate Tribunal, as the case may be, shall immediately serve a copy of the order on the Commissioner and thereupon all the provision of this Ordinance relating to the recovery of penalty shall apply as if the order was made by the Commissioner.

(4) Where in consequence of any order under this Ordinance, the amount of tax in respect of which any penalty payable under sub-section (1) is reduced, the amount of penalty shall be reduced accordingly.]

Explanation of ITO Section 182

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